Off-the-record conversations aired in a Sydney courtroom show a rare glimpse into the origins of a high-stakes defamation case by war veteran Ben Roberts-Smith.
As the trial entered the seventh week for this year, a serving Special Air Service Regiment (SAS) soldier was revealed as a key source for two journalists.
Called by Nine Entertainment, publisher of the newspapers Mr Roberts-Smith is suing, the senior soldier, given the pseudonym Person 7, recalled his initial contact with Chris Masters in late 2015 was approved by the Defence Force for a book the journalist was writing.
But the Federal Court heard his off-the-record conversations included many comments about Mr Roberts-Smith, whom the witness worked alongside in Afghanistan during some of his 11 deployments there.
The court also heard a second soldier witness, claim to have seen Mr Roberts-Smith "execute" an Afghan man during a 2009 mission.
Mr Roberts-Smith claims allegations of unlawful killings, bullying and domestic violence published in 2018 articles by The Sydney Morning Herald, The Age and The Canberra Times were false.
'Watch the life drain out'
In the days following the death of Sergeant Blaine Diddams in Afghanistan in July 2012, Person 7 was on deployment preparing his equipment.
He told the court he heard Mr Roberts-Smith behind him.
"Before this trip's over, I'm going to choke a man to death with my bare hands, I'm going to look him in the eye and watch the life drain out of his eyes," Person 7 claims he heard Mr Roberts-Smith declare.
Mr Roberts-Smith last year described that as "ridiculous" and demonstrating "flair for the dramatic".
In wide-ranging evidence, Person 7 recounted other missions where he alleged the veteran used unnecessary force on unarmed Afghan detainees and accused Mr Roberts-Smith of long-term bullying of fellow SAS soldiers.
The two were both at the 2010 Battle of Tizak, for which Mr Roberts-Smith was awarded the Victoria Cross, and Person 7 testified that while he was proud of his own efforts, he didn't think he deserved recognition.
But neither, he told the court, did Mr Roberts-Smith.
'Can't say I regret it'
During his three days in the witness box so far, Person 7 has been accused under cross-examination of being bitter, twisted and "obsessed" with Mr Roberts-Smith's VC.
He revealed he was one of the anonymous SAS soldiers who spoke to Nine's 60 Minutes — in breach of Defence Force policy — for a 2019 episode about accusations against Mr Roberts-Smith.
This included an allegation also in the newspaper reports that Mr Roberts-Smith kicked an unarmed Afghan detainee over a cliff in the village of Darwan in 2012, which the veteran denies.
The witness said he was "reaffirming" existing allegations on the program and wasn't "pressured" after initially declining.
He described a desire to act as "a voice from within" after what he claimed was an "intimidation campaign" by Mr Roberts-Smith of ex-colleagues while an inquiry into allegations from Afghanistan unfolded behind closed doors.
"I'm not proud of it, however, I can't say I regret it," he told the judge.
"I wouldn't do it again."
Person 7 said he'd been told of an "egregious" allegation, took it seriously, and wanted it heard.
Childish gossip
Person 7 admitted speaking to colleagues about his view of Mr Roberts-Smith's VC and mentions of the award appear in the notes of Mr Masters, which were read in court.
The veteran's barrister, Arthur Moses SC, said they included comments that the citation contained "lies and embellishment".
"That is my opinion," the witness said.
They also touched on Mr Roberts-Smith's father, wife, employment at Channel 7, charity work and personality.
One recorded that the veteran was "not a bright bloke", while another likened him to a "frilled-neck lizard" due to his reaction when threatened.
Person 7 insisted he was answering questions from Mr Masters and giving opinions based on his experience. But some of it could be characterised as "petty, immature, childish gossip", he conceded.
In his questioning, Mr Moses repeatedly proposed it was a "character assassination" of Mr Roberts-Smith, which Person 7 rejected.
He denied being "consumed by hatred" and seeking to "besmirch" the veteran's reputation.
"You are so angry about not being given an award for Tizak, you've been pushing allegations around to blacken his name," Mr Moses said.
"That's completely incorrect," the witness replied.
'Did we just witness an execution'
Earlier this week, a former SAS soldier codenamed Person 24 recalled a 2009 mission at a Taliban compound, where Mr Roberts-Smith is accused of carrying out an unlawful killing.
Person 24 told the court he saw Mr Roberts-Smith march about 15 metres outside the building holding an Afghan man by the pants or shirt, drop him on the ground and fire a machine gun burst of eight to ten rounds into his back.
"I recall saying to (a colleague) Person 14 at the time: 'did we just witness an execution," he said.
Under cross-examination, he said the incident was "right in my field of view", but admitted the alleged shooter's face was camouflaged.
However, Person 24 believed he could still tell it was Mr Roberts-Smith based on the height and "hunched over" gait of the person, saying he thought it was an "exhibition execution".
Mr Roberts-Smith previously told the court he killed an armed insurgent who was coming around the corner of the compound.
The court has heard the man's prosthetic leg ended up being used as a drinking vessel by soldiers and Person 24 admitted he had no issue participating in the "black humour".
He told the court the dead man was a bomb "facilitator".
"He potentially was a kill target previously," Person 24 said.
The ex-soldier, who was medically discharged in 2017 and still considers himself dependent upon alcohol, said giving evidence was "difficult to stomach" and he didn't agree with Mr Roberts-Smith being in his current position.
But he said he wanted to support his friends who'd been "adversely affected" by their time in the SAS and experience in the courtroom.
His voice wavered as he mentioned a soldier codenamed Person 4, who he said had his life "turned upside down".
The trial continues on Monday.
