SAS witness questioned about memory loss at Ben Roberts-Smith defamation trial

The Victoria Cross recipient is suing The Age, The Sydney Morning Herald and The Canberra Times over reports that he committed war crimes and murders, which he denies.

Ben Roberts-Smith arrives at the Federal Court of Australia in Sydney.

Mr Roberts-Smith is suing over reports linking him to alleged war crimes in Afghanistan. Source: AAP / DEAN LEWINS/AAPIMAGE

A former SAS sergeant has denied at the Ben Roberts-Smith defamation trial that his memory loss extends to significant "details" while taking medication for multiple mental health conditions.

The special forces soldier, codenamed Person Four on Tuesday in the Federal Court, was formally excused by Justice Anthony Besanko from answering questions about a 2009 mission dubbed Whiskey 108.

Person Four was a fresh trooper at the time of the mission, and is accused of shooting a prisoner under orders in effect to "blood the rookie," a phrase referencing a junior soldier getting their first kill in action.

But after objecting that he did not want to "self-incriminate," it was accepted the evidence risked further prosecution by the International Criminal Court and was not pressed.

Victoria Cross recipient Ben Roberts-Smith
Victoria Cross recipient Ben Roberts-Smith.

'The minutia of things was fading away'

Other serving and retired soldiers have made similar objections but have proceeded after they were granted protective certificates of immunity by Justice Besanko.

After rising through the elite soldiers' ranks to sergeant, Person Four was medically discharged from the Australian Defence Force in 2021.

Specific details of his mental health disorders and the medications he takes were also suppressed by the court

He agreed with Arthur Moses SC, the barrister representing Mr Roberts-Smith, that he sometimes experienced memory loss.

"I think the minutia of things was fading away, small details, large details definitely not," he said.

But Person Four denied assertions by the barrister that he experienced "hallucinations", was "hearing things that are not real", was worried "someone is trying to harm you," or heard "people screaming".

"Have you discussed with your psychologist what is real and what is not?" Mr Moses said.

"Absolutely not," Person Four responded.

Arthur Moses,
Arthur Moses, who is representing Ben Roberts-Smith, at the Federal Court. Source: AAP

He also denied there was any "confusion about events you think you've experienced".

It follows his evidence yesterday that he witnessed Mr Roberts-Smith kick an unarmed and handcuffed Afghan prisoner off a "steep slope" in the village of Darwan, Uruzgan province, in September 2012.

Person Four said he could see the prisoner's face strike a large rock and sustain a "serious injury".

The court was previously told the body of the man called Ali Jan, a villager who sold wood, was dragged to a large tree near a creek bed and shot dead.

Mr Roberts-Smith vehemently disputes the allegation and testified that Ali Jan was, in fact, a Taliban spotter shot in a cornfield.

Person Four alleges an Icom radio Mr Roberts-Smith had retrieved from another insurgent was planted on the body and included in a photographic cover-up of the unlawful killing.

The 43-year-old Victoria Cross recipient is suing The Age, The Sydney Morning Herald and The Canberra Times over reports that he committed war crimes and murders in Afghanistan between 2006 and 2012.

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