The Operation Burnham inquiry has revealed briefings given to the Minister of Defence about civilian deaths in Afghanistan were wrong.
The Defence Force came out swinging at claims it tried to cover up the deaths of civilians in Afghanistan.
It’s the fourth public hearing into allegations made in Hit and Run, by authors Nicky Hager and Jon Stephenson.
Former Chief of Defence Sir Jerry Mateparae gave evidence, saying he was not aware of civilian casualties in the immediate aftermath of the raid.
As a result of an investigation, which was launched following a report in The New York Times, the SAS and coalition teams were cleared of any wrongdoing, he said.
"I was satisfied with ISAF's (International Assistance Security Force) investigation ... had it shown or suggested NZDF personnel had been involved with the death of civilians, I would have ordered the SNO (senior national officer) to launch an investigation."
Counsel for the inquiry, Kristy McDonald QC, questioned why a briefing to the Minister of Defence was different to ISAF press releases, seen by NZDF officials.
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The media briefing, on August 29, 2010, divulged the possibilities of civilian casualties were likely, due to a gun sight malfunction on one of the helicopters used during the raid.
It says gunfire fell short and, while insurgents were using one of the buildings shot up, it was not an intended target.
McDonald QC questioned why the briefing to the minister didn't draw any attention to the press release.
Sir Jerry said he didn’t agree with the statement, as some of the information was declassified or restricted.
McDonald QC said there was no doubt the NZDF knew about the press releases, and pushed harder about why they weren't referred to in official briefings to the minister.
"I suggest to you that those Ministerial briefings about what the IAT report are wrong and inconsistent with other information," said Sir Jerry.
"Clearly they are wrong, and clearly they are inconsistent with hindsight"
The Defence Force, in its opening submissions on Monday morning, said personnel reported faithfully what they understood about casualties arising out of Operation Burnham.
"They had a genuine, reasonably held belief, following a joint ISAF/Afghan investigation into the prospect of civilian casualties ... that there were none".
"Once they realised their understanding of the report's conclusions was not right after all, their reporting was corrected."
Defence Force counsel, Paul Radich QC, said a Native Affairs report by Stephenson in 2014 brought allegations of civilian casualties to light, as a result of misaligned sight on a helicopter gun.
The NZDF says it did not know the IAT report into the 2010 mission, which is a classified NATO document, concluded that to be the case.
Radich QC said there was nothing to be gained by concealing this possibility, so shows there was no cover-up or wordsmithing.
"It was 30th June 2014 - the night of the Native Affairs programme - that the NZDF became aware of the actual conclusion of the IAT report.
"On the day ... an NZDF personnel took a bundle of documents to the Minister's office to brief him on Operation Burnham ... unbeknownst to all involved ... the final document in the bundle was the IAT report itself."
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