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Capt. Robert Semrau Charged With Murder in Afghanistan

I wonder is prosecuting the Capt in the best interests of the Crown.  Let alone the fact that all witnesses will have to be flown to Canada, and put up in Ottawa at Crown expense etc (I am guessing most of the witnesses would be ANA/OMLT members).

Yes I know these accusations are serious, but now that the MSM found its way in they will want a trial, and not be happy if the NIS says that there isn't enough evidence to go to trial.

 
NL_engineer said:
I wonder is prosecuting the Capt in the best interests of the Crown.  Let alone the fact that all witnesses will have to be flown to Canada, and put up in Ottawa at Crown expense etc (I am guessing most of the witnesses would be ANA/OMLT members).

Yes I know these accusations are serious, but now that the MSM found its way in they will want a trial, and not be happy if the NIS says that there isn't enough evidence to go to trial.

It is a moot point.

This will be no different from any other Courts Martial/Trial that has been conducted by the CF in the past, which has included bringing people back from Afghanistan, and more distant corners of the globe. 
 
The accusations and specualtions begin.....


Two-month lag in Afghanistan murder charge raises questions

By Sue Bailey, The Canadian Press


OTTAWA - Tough questions are being asked about how a military force that learned the dark lessons of Somalia could have taken more than two months to reveal details of a suspected murder in Afghanistan.


News that Capt. Robert Semrau has been charged with second-degree murder in the death of a presumed enemy fighter made shocking headlines Friday.


"The biggest concern is the delay," says lawyer Paul Champ, a human rights specialist.


"The allegations are that a Canadian officer - a mentor, at that - shot an unarmed man over two months ago. And we don't have any information about why it took so long for that allegation to come forward or be investigated.


"That has to be the gravest concern which most closely parallels Somalia."


Champ cited similar reporting delays in the 1993 beating death of Somali teenager Shidane Arone by members of the Canadian Airborne Regiment.


"There was also a delay in the investigation by military police in what was clearly a brutal murder."


Retired military officers bristled at such comparisons and stressed that Semrau is innocent until proven guilty.


He is accused of shooting, "with intent to kill," an unarmed man in Helmand province "on or about" last October 19. Afghan soldiers, their Canadian mentors and British troops had defended the capital of Lashkar Gah from insurgent attack, retaking the Nad Ali district after a three-day fight ending Oct. 18.


Afghan and NATO officials said at the time that at least 100 Taliban died in the fighting.


Semrau is a member of the Operational Mentor and Liaison Team, the Canadian military unit that guides the fledgling Afghan National Army.


Champ, who has led Amnesty International's legal bid to extend human-rights protections to detainees handed to Afghan security forces by Canadian troops, says the murder charge raises disturbing questions.


"Was this individual being held in custody when he was killed?


"Very little is disclosed by the military. And when we see an incident like this, it highlights why transparency is so important."


Steven Staples of the independent Rideau Institute, which focuses on defence and foreign policy, echoed that concern.


"We've been repeatedly assured that processes have been put in place that would ensure we would not have a repeat of Somalia," he said in an interview.


"I think Canadians harbour a fear that as we get more drawn into Afghanistan that we could have a repeat of that terrible situation."

Staples questioned the timeline described Wednesday in which Col. Jamie Cade, acting commander of Task Force Afghanistan, said he learned of the death on Dec. 27 - just after Defence Minister Peter MacKay left Kandahar following a Christmas visit.

"The question will be asked whether it was merely a coincidence that the timing of the investigation spared the minister from having to respond to reporters' questions about the incident."

It took several weeks for the Canadian public to learn what happened in Somalia, where Canadian soldiers were deployed on peacekeeping duties.

The affair damaged the credibility of the Canadian Forces and prompted the federal government to order a public inquiry. Despite the fact it was cut short by the government, the inquiry found problems in the military's leadership.

Retired Col. Chris Corrigan of the Royal Canadian Military Institute says the military has changed since Somalia.

"Continuing the belief that there's a coverup just astounds me - that people are still propagating this sort of stuff. The system totally changed as a result of Somalia and the commission" of inquiry.

Those changes included the creation of the national investigation service, a more defined separation between military prosecution and the chain of command, and what was supposed to be a more transparent public reporting system.

Critics note that the military has clamped down on public requests involving Afghanistan through the Access to Information Act.

Corrigan says justice must be allowed to run its course as the facts of the case come to light.

"That Canadian soldier has a right as well to being protected by our legal system."

Corrigan says he can see why it took two and a half months for the allegations to surface.

"There have been a lot of inquiries, a lot of investigations going on during this timeframe that involved our own people dying. So I can fully understand why this may not have risen to the top of the command chain in Afghanistan. They were dealing with other life and death issues."




Copyright © 2009 Canadian Press

Copyright 2009 © Yahoo! Inc. All rights reserved.


dileas

tess
 
Intersting, but on the way home I was listening to As it Happens on CBC....they were very low key on his arrest and seemed to question the fact that the investigation was very short, and that he was not charged until a day after the MND and CDS left.
 
Wait'll Monday, when the newsrooms'll be back at closer-to-full staffing...
 
Just watching Global national news. I was wondering how long it would take for them to bring up Somalia and they did not disapoint. Video of the mission complete with the pictures of Brown and Matchee posing with Arone.

Mr. Staples as usual crying "coverup"
 
NL_engineer said:
I wonder is prosecuting the Capt in the best interests of the Crown.  Let alone the fact that all witnesses will have to be flown to Canada, and put up in Ottawa at Crown expense etc (I am guessing most of the witnesses would be ANA/OMLT members).

Yes I know these accusations are serious, but now that the MSM found its way in they will want a trial, and not be happy if the NIS says that there isn't enough evidence to go to trial.

Why would the CFNIS investigation be conducted in Ottawa ???
It happened in Afghanistan and all the witnesses are over there - therefore, the investigation will/should be conducted over there
 
Col (ret) Drapeau said on the CBC that the CFNIS is not objective enough to investigate this and that it should be turned over to the RCMP.

In the same report, Amnesty International says that Canada has a long history of covering up events overseas..........

 
geo maybe because of this statement

The NFLD Grinch said:
News Release
Charge Laid Relating to Death of Presumed Insurgent
CFNIS 2009-01 - January 2, 2009


OTTAWA – The Canadian Forces National Investigation Service (CFNIS) has charged one military officer late yesterday with an offence relating to the death of a presumed insurgent in Helmand Province on or about October 19, 2008.

Captain Robert Semrau was charged with one count of second-degree murder, contrary to Section 130 of the National Defence Act, pursuant to Section 235(1) of the Criminal Code. Captain Semrau was a member of the Operational Mentor and Liaison Team at the time of the incident. He is accused of shooting, with intent to kill, an unarmed male person. Captain Semrau is currently in Military Police custody and will be transported back to Canada shortly for a hearing before a military judge to determine whether he is to be retained in custody.

The Commander Task Force Kandahar was made aware of the allegations on December 27, 2008 and notified the CFNIS who immediately initiated an investigation. The CFNIS laid the charge after analyzing the evidence and interviewing witnesses. As the matter is now proceeding in accordance with the Code of Service Discipline, and another part of the investigation is still ongoing, it would be inappropriate to comment further at this time.

The CFNIS is an independent Military Police unit with a mandate to investigate serious and sensitive matters in relation to National Defence property, Departmental employees and Canadian Forces personnel serving in Canada and abroad.

- 30 -

For more information about the CFNIS, go to http://www.forces.gc.ca/site/news-nouvelles/view-news-afficher-nouvelles-eng.asp?id=2824
 
Huzzah said:
Amnesty International has a long history of being full of... ::)

That may be your opinion, but this forum is not the place for unnecessary and potentially libelous statements about neutral international organizations.

Post removed, back on track, please.


The Milnet.ca Staff
 
Huzzah said:
Same old,tired stuff from the MSM.In addition to the ever-present,ever-annoying Mr.Steven Staples,we can
expect the resurgence of a Mr. Attaran some time in the near future.All members of the "Never-had-a- real-
job" squad.

As above, speculation and inflammatory accusations with no proof (highlighted in orange) could see the site once again subject to legal action.

Post removed, back on track, please.  Issues with the moderation can be directed to Mr. Bobbitt.

The Milnet.ca Staff
 
I respect your decision with regard to my statements which you felt were out of line.It's not
my desire to cause any legal problems for the forum.
 
Prairie Dog said:
What is the likelihood of the the Capt confessing to a friend or others about doing something like this, and then having himself or that friend report the incident to the CoC?
There is a vast array of possibilities.  Speculating such as this can only serve to generate rumours & misinformation.  Despite being devoid of truth, rumour & misinformation can bring damage to both the CF & the individuals involved.
 
geo said:
Why would the CFNIS investigation be conducted in Ottawa ???
It happened in Afghanistan and all the witnesses are over there - therefore, the investigation will/should be conducted over there

I may have jumped the gun, and went to the next step, but said witness may be called upon to testify at a Court Marshal.

NDA Para 183
183.  (1) The commanding officer of an accused person shall take all necessary action to procure the attendance of the witnesses whom the prosecutor and the accused person request to be called and whose attendance can, having regard to the exigencies of the service, reasonably be procured.
 
Shared in accordance with the "fair dealing" provisions, Section 29, of the Copyright Act.

After Somalia, Forces prove 'open and transparent'
Christie Blatchford, Globe & Mail, 3 Jan 09
Article link

For all the facile comparisons to the odious Somalia debacle the latest news out of Kandahar already has brought, it appears the senior leaders of the Canadian Forces have learned the central lesson out of that sorry mess almost 16 years ago - that is, you do not hide from bad news, nor do you hide it from the Canadian people.

I refer, of course, to the terse announcement yesterday from the Canadian Forces National Investigation Service, the military equivalent of the major-crime unit of a civilian police force, that an officer, Captain Robert Semrau, has been charged with second-degree murder in connection with the Oct. 19, 2008, death of an unarmed Afghan, described in an official press release as "a presumed insurgent."

Capt. Semrau was among a small group of Canadian soldiers, members of the Operational Mentor and Liaison Team or OMLT who had accompanied the Afghan National Army battalion they had been training into neighbouring Helmand Province, an area under British control. The shooting of the Afghan man apparently occurred during the course of or about the same time as heavy fighting near the province's largest city, Lashkar Gah, which was under attack from three sides. The fighting lasted several days.

Capt. Semrau was charged just a week after the CFNIS was first called in to investigate allegations of what was described, a few days later, as "inappropriate conduct" relating to the man's death.

While questions remain about the two-month-long delay between the date of the man's death and the date that senior commanders in Kandahar learned of the allegations, it seems clear that once informed, they acted swiftly and with transparency.

In fact, Defence Minister Peter MacKay, who was in Kandahar during the Christmas break, was at a base in a Middle Eastern country awaiting the casket carrying a Canadian soldier with Chief of Defence Staff General Walter Natynczyk when the general was approached by Brigadier-General Dennis Thompson, the commander of Task Force Afghanistan, and informed of the investigation.

Mr. MacKay said yesterday in a telephone interview that he could tell from the look on Brig.-Gen. Thompson's face that something serious had happened, and his first fear was that Canadian troops, who had just lost three soldiers in two days, had suffered another casualty.

But when he asked Gen. Natynczyk about it a few minutes later, Mr. MacKay was told there was a probe under way involving serious allegations against a Canadian. "That was all I heard until I got back to Canada," Mr. MacKay said.

That was Dec. 27, the very day that Colonel Jamie Cade, the deputy commander in Kandahar, later told reporters he had first learned of the allegations against Capt. Semrau.

It was also on that day that Col. Cade called in the NIS, which was established in 1997, in part as a result of recommendations stemming out of the Somalia affair.

What happened in the spring of 1993 in Somalia, when on March 16 teenager Shidane Arone was tortured and beaten to death by two members of the now-disbanded Canadian Airborne Regiment there on a difficult peace-making mission, remains the single greatest stain in the history of the Canadian Forces.

But while it was two rank-and-file soldiers who were criminally charged and publicly vilified, an abbreviated inquiry into the incident, as well as knowledgeable military observers, held that the young man's death was really the result of an out-of-control culture fostered by lax and unaccountable senior leaders who later tried to whitewash and cover up the magnitude of what had happened - a validation of the old army creed which holds that there are no bad soldiers, only bad officers.

In the current case, unlike with Shidane Arone's death, the news did not leak out in dribs and drabs from courageous soldiers and dogged reporters, but rather was presented to the press by the senior command on Dec. 31 - just four days after the command itself had learned of the allegations and called in the appropriate authorities.

As former chief of defence staff, retired general Rick Hillier, said yesterday from Texas, where he is on vacation: "We do manage violence on behalf of the people of Canada. That is a heavy responsibility, and we have to have those checks and balances." Gen. Hillier emphasized that he "is out of the loop" and has read only some media reports, but said that two months for the allegations to make their way up the chain of command is "phenomenally quick."

Mr. MacKay acknowledged the enduring stain of Somalia, but said, "This is a different Canadian Forces. I think that those hard, hard lessons learned from Somalia do ring in the ears of anyone who was around then...

"The culture now is to be open and transparent," he said, "and they live and breathe in that culture. ...They are supremely professional, absolutely dedicated to what they do - and what they do first and foremost is the right thing."

In truth, no one more welcomes accountability in all its forms - whether through Rules of Engagement, which require that troops use force lawfully, or the Code of Conduct or NIS investigation - than the good soldier. An army is only as professional as the discipline of its troops and officers and their collective willingness to play by the rules. As one writer wrote recently on The Torch, a blog about the Canadian military, "Nobody who's thought about it for any length of time wants soldiers freelancing as to how they apply force. That makes them no better than an armed gang. The fact that they are controlled by a lawful government authority is what makes the violence they apply morally acceptable."

That is the standard to which the Canadian soldier must be held. As Colonel Ian Hope once told a group of the troops under his command, this almost three years ago at a hideous little base called Gumbad, "We need discipline and we need to keep up our professionalism," he said. "That's what distinguishes you from every other guy with a gun in this country."

 
NFLD Sapper said:
geo maybe because of this statement

"Captain Semrau is currently in Military Police custody and will be transported back to Canada shortly for a hearing before a military judge to determine whether he is to be retained in custody"
The hearing will be held in Ottawa... the investigation will be done where it is most practical to see the scene of the incident AND where the witnesses (if any) can be found.
 
CDN Aviator said:
Col (ret) Drapeau said on the CBC that the CFNIS is not objective enough to investigate this and that it should be turned over to the RCMP.

In the same report, Amnesty International says that Canada has a long history of covering up events overseas..........
At present, in Ottawa, the CF is reputed to be the most OPEN department of the Federal Government.  Access to Information is a keystone of how we operate.  Col Drapeau, Amnesteyu International & Mr Ataran be damned, the CF can be read like an open book.  We don't keep secrets (we also leak like a sieve... but that's a different story).
 
At the same time there will be numerous interviews with the Capt by Defence Lawyers and Military Police while he is in Ottawa.  The investigation will probably still continue in various other locations, but be centered out of Ottawa.
 
geo said:
.........  Col Drapeau, Amnesty International & Mr Ataran be damned, the CF can be read like an open book.  We don't keep secrets (we also leak like a sieve... but that's a different story).

These people have the necessity to make these comments to stay in the Public eye and maintain a sense of self-importance and relevancy.  It doesn't necessarily mean that they are in anyway correct in what they espouse in public.
 
And then we have, on the same CBC web page, this story - Canadian soldiers kill suspected suicide bomber, shared under the usual provisions:

Canadian soldiers in Afghanistan's Shah Wali Kot district on Thursday shot and killed a suspected suicide bomber who was believed to be planning a "spectacular attack," officials reported Friday.

The alleged suicide bomber tried to drive a sports-utility vehicle into a bomb-sweeping patrol north of Kandahar City, said Maj. David Warnke, head of Canada's counter-improvised explosive devices (IED) unit.
A presumed suicide bomber allegedly tried to drive this sports-utility vehicle into a patrol north of Kandahar City. A presumed suicide bomber allegedly tried to drive this sports-utility vehicle into a patrol north of Kandahar City. (Courtesy of Canadian Forces)

Soldiers had set up a blockade and had several vehicles stopped while conducting the sweep, and a Toyota Land Cruiser pulled out of the line and sped toward them, Warnke said.

The driver was warned to stop with hand signals, a warning flare and warning shots before soldiers opened fire on the vehicle and killed the man, Warnke said

The soldiers then discovered the suicide bomber's vehicle contained about 600 kilograms of explosives, including three Russian aircraft bombs that weighed up to 250 kilograms, Warnke said.

"It didn't detonate because our soldiers applied their rules of engagement effectively," Warnke said.

The bomber did not flip the switch to detonate the devices before he was killed. If he had, it could have meant that at least six soldiers, who were not in armoured vehicles at the time, could have been severely injured or killed, Warnke said.

The size of the explosives would likely have killed everyone within 260 metres of the vehicle, Warnke said, and could have injured people up to 1.5 kilometres away.

Warnke said it is believed that the bomber was targeting Canadian troops.

"It would've been a spectacular attack and it would've been effective," he said.

Warnke said the size of the three explosives found in the vehicle was not typical.

Taliban insurgents have stockpiled explosives left over from the Soviet occupation of Afghanistan in the 1980s, Warnke said, but the three aircraft bombs were different than what's usually found.
With files from the Canadian Press

Interesting

 
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