A former soldier has denied giving evidence favourable to Ben Roberts-Smith to ensure that the boss of the Seven Network, Kerry Stokes, keeps paying his legal fees.
Mr Roberts-Smith is suing The Sydney Morning Herald, The Age and The Canberra Times newspapers for defamation over several 2018 stories he says contained false allegations of unlawful killings, bullying and domestic violence.
Mr Roberts-Smith has taken leave from his role as an executive of Seven's Queensland operations during the defamation proceedings, which are being financially backed by billionaire businessman Mr Stokes.
The first witness called by Mr Roberts-Smith's legal team, a former Special Air Service Regiment (SAS) patrol commander codenamed Person 5, told the Federal Court he only found out on Tuesday morning that the Seven Network had been paying his legal fees since 2020.
This included the cost of his legal representation during that period in connection with the Inspector-General of the Australian Defence Force (IGADF) inquiry into possible war crimes in Afghanistan.
The witness denied giving favourable evidence to ensure that arrangement continued into the future, saying he had $100,000 saved in an account to pay for his legal costs.
"Did you ever have a conversation about fees [with your lawyer]?" Nine's lawyer Nicholas Owens SC asked.
"No, I didn't. I just waited for the bill to come through," Person 5 replied.
"They are paying your legal fees because you're giving evidence for Ben Roberts-Smith?" Mr Owens asked.
"Yes," Person 5 replied.
"In relation to IGADF [the Australian Defence Force inquiry], because you were adopting a position supportive of him?" Mr Owens continued.
"Correct," Person 5 replied.
The witness had previously contradicted evidence given by several other soldiers, telling the court that no-one was found hiding in a tunnel during a 2019 raid by the SAS on a compound in southern Afghanistan known as Whiskey 108.
"You are here to give a false account of Whiskey 108 to ensure you have the best chance of receiving this very valuable financial benefit into the future?" Mr Owens asked.
"That is not correct," Person 5 said.
Earlier, the court heard that Person 5 was interviewed in May 2018 as part of the Australian Defence Force inquiry into the conduct of Australian soldiers in Afghanistan.
He said he told Mr Roberts-Smith, who he described as a friend, about his interview afterwards.
"I told him to prepare himself, it was a witch-hunt," Person 5 said.
The court heard after Person 5 moved to the United States in 2018, he emailed Mr Roberts-Smith a document complaining about his treatment at the IGADF inquiry, referring to it as an "interrogation".
He said that was so the veteran could pass it on to his lawyers.
"I was without legal representation in Australia, I'd moved to a different country," he said.
"I wanted to complain about the treatment and that was the avenue I took."
The witness initially objected to answering questions about the document, based on possible self-incrimination.
He was offered and accepted a certificate of protection under the Evidence Act, after his barrister said the evidence may tend to prove he had breached rules about not disclosing the contents of his IGADF interview.
Person 5 said "the majority" of the document's contents were "in the media anyway", including allegations that a rookie soldier had been "blooded" by executing an unarmed Afghan man.
The ex-soldier gave a detailed account of the 2010 Battle of Tizak, for which Mr Roberts-Smith was awarded the Victoria Cross.
He said immediately after the award was announced, a media article detailed allegations of bullying against Mr Roberts-Smith.
"The military was in a bit of a spin about it because they'd just announced they were awarding this guy the Victoria Cross," Person 5 said.
The court heard another soldier, Person 18, later approached Person 5 and said he believed he too deserved an award for the battle.
Person 5 said that the wife of a different colleague who was also on that mission, Person 4, approached him at a troop function sometime in 2011 to "chest poke" him about why her husband also deserved to be recognised.
"I told her to wind her neck in … which means 'mind your own business', Your Honour," Person 5 said.
Mr Roberts-Smith's barristers have previously suggested his Victoria Cross put "a target" on his back and stoked jealousy and bitterness, providing a potential motive for former colleagues called by publisher Nine Entertainment to fabricate allegations.
The trial, before Justice Anthony Besanko, continues.
