However, in a criminal trial, Roberts-Smith maintains the assumption of innocence and it is up to the prosecution to prove the case beyond any reasonable doubt. Roberts-Smith said the man, who had a prosthetic leg, was an armed insurgent he'd encountered around the corner of the compound. Another - known as Person 41 - told the court Roberts-Smith had flipped the man onto his stomach before shooting him. Roberts-Smith and Person 11 maintained during the defamation trial that the incident didn't happen. Police will also allege Roberts-Smith intentionally caused the death of a second Afghan man, with the help of another person, in the same incident.
