Morton Lass, an American tank commander seconded to Hill 329 claims that Major Fitton begged to leave with him. A second witness; Australian soldier Ronald Harstrong maintains he found Fitton suffering from PTSD.

Radio operator Corporal Batley, who was believed to have died on Hill 329 makes a shock appearance in court. He has now changed his name to William Truscott and his evidence accuses Major Fitton of lying about what really happened.