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Capt. Robert Semrau Charged With Murder in Afghanistan

dapaterson said:
I don't know who set the witness list.  But CEFCOM tends to take a very narrow view of their role - once a solider is handed back to the force generator, CEFCOM`s involvement is greatly reduced.
[tangent]
Hence why CEFCOM ought to be disbanded.  After all, it wasn't an "army" operation.  In fact, I cannot think of one "army" operation, and why they would need a chief of operations, since all the "army" does is train (generate) and employ forces.  (CANADACOMD in Canada, and CEFCOM overseas).
[/tangent]
 
dapaterson said:
Thus, BGen Thompson was speaking on behalf of the chain of command, and not as former commander TFK.

How is it that Comd TFK is not speaking on behalf of his chain of command while on operations?

Capt Coy Mentor --> Maj Bn Mentor --> CO OMLT -->Comd TFK.

No, he's not the CDS or Comd CEFCOM, but he was essentially the guy at the top of all pers in Kandahar (incl US forces).
 
dapaterson said:
Thus, BGen Thompson was speaking on behalf of the chain of command, and not as former commander TFK.
Arguably, given his current & former jobs, BGen Thompson was in the unique position of being able to represent Capt Semrau's CoC for the time of the incident and also for the present.bb
 
MCG said:
Arguably, given his current & former jobs, BGen Thompson was in the unique position of being able to represent Capt Semrau's CoC for the time of the incident and also for the present.bb

Yea, and, IMO,  there's more than a little odor about that.
 
Bruce Monkhouse said:
Yea, and, IMO,  there's more than a little odor about that.
I'm not sure I agree, Bruce, and here's why.
BGen Thompson was brought in for his opinion to represent the good Captain's chain of command after he was convicted.  If the good Captain were convicted of something that were universally viewed as heinous, say blowing up a bus load of nuns, orphans and the Swedish Bikini Team, I'm certain that nobody would have blinked an eye that the Chain of Command were brought in, after the fact, to discuss how the Chain of Command views the whole thing. 
As stated, BGen Thompson has the unique position of being both in the member's current chain of command, as well as being the Theatre Commander when the incident occured. 
Had the chain of command not be solicited for its opinion, then I would offer that there were a bit of odour.
 
This case is a good reason for not wanting to be the judge in this case. It has been established that Captain Semrau is both an admirable human being and a fine officer. He also stands convicted of disgraceful conduct, regardless of his motivation.

So, what does the judge do? He seems to be in an unique case without a lot of precedent to guide him. Does he hammer Semrau to send a message that the law must be obeyed, no ifs, ands or buts? It hardly seems fair, but may be the best solution. Does he deliver a relatively light sentence because of the circumstances and because of Semrau's character and record? If so he might just set a precedent to guide a judge, who at sometime in future may be called upon to exercise the same lenience to a jerk for something akin to Semrau's crime. While it pains me to say it, the best course may be the first course. In my heart I hope it is not, but my head tells me otherwise.
 
Old Sweat said:
........... If so he might just set a precedent to guide a judge, who at sometime in future may be called upon to exercise the same lenience to a jerk for something akin to Semrau's crime.


I think you may have over thought that, and I would hope that a person's "character" would preclude a judge being "lenient to a jerk" at some future time.
 
Old Sweat said:
This case is a good reason for not wanting to be the judge in this case. It has been established that Captain Semrau is both an admirable human being and a fine officer. He also stands convicted of disgraceful conduct, regardless of his motivation.

So, what does the judge do? He seems to be in an unique case without a lot of precedent to guide him. Does he hammer Semrau to send a message that the law must be obeyed, no ifs, ands or buts? It hardly seems fair, but may be the best solution. Does he deliver a relatively light sentence because of the circumstances and because of Semrau's character and record? If so he might just set a precedent to guide a judge, who at sometime in future may be called upon to exercise the same lenience to a jerk for something akin to Semrau's crime. While it pains me to say it, the best course may be the first course. In my heart I hope it is not, but my head tells me otherwise.

The PO will consider all mitigating circumstances when arriving at a sentence; inclusive of character, motivation, circumstances etc.

I'm quite sure, that given the mitigating circumstances in this case - that a PO would not arrive at the same sentence for this CF Officer when compared to a CF Officer who - for an example - shoots an unarmed, uninjured, insurgent 'just for shits & giggles,' but who is convicted of same charge.
 
Technoviking said:
I'm not sure I agree, Bruce, and here's why.
BGen Thompson was brought in for his opinion to represent the good Captain's chain of command after he was convicted.  If the good Captain were convicted of something that were universally viewed as heinous, say blowing up a bus load of nuns, orphans and the Swedish Bikini Team, I'm certain that nobody would have blinked an eye that the Chain of Command were brought in, after the fact, to discuss how the Chain of Command views the whole thing. 
As stated, BGen Thompson has the unique position of being both in the member's current chain of command, as well as being the Theatre Commander when the incident occured. 
Had the chain of command not be solicited for its opinion, then I would offer that there were a bit of odour.

The chain of command can offer its opinion as to the heinousness of the crime, without venturing into recommendations as to punishment, no? 

It still strikes me as odd that BGen Thompson would be allowed to stray into the area of the chain of command's sentencing recommendations.
 
Occam said:
The chain of command can offer its opinion as to the heinousness of the crime, without venturing into recommendations as to punishment, no? 

It still strikes me as odd that BGen Thompson would be allowed to stray into the area of the chain of command's sentencing recommendations.

I`m pretty sure that in every CM transcript that I`ve read, both the prosecution and the defense have offered sentencing recommendations and both sides have called in pers to testify as to the requirement for sentencing and it`s mitigating (defense) and aggravating (prosecution) circumstances.

Same thing happens in civil trials.
 
I`ll just delete what I just typed and say "Vern - Ditto."

BGen Thompson mde recommendations for sentence because he was asked for them.
 
I still think the disgraceful part has to do with acting without remorse (telling lots of people about it and how he would do it again) with an overt contravention of LOC.
 
423 words were published as front page news, the majority of them (344 words) had nothing to do with the reason Col Pearson was on the Island. You literally have to read between the lines to read those 79 words explaining why the Col was on the Island.

from The Guardian today.

Army colonel steers clear of conviction against soldier
Published on August 13th, 2010
Jim Day

Clearly, Col. Michael Pearson wasn’t keen to discuss the case of Capt. Robert Semrau, the Canadian soldier awaiting sentencing in a disgraceful conduct conviction for shooting a severely wounded insurgent in Afghanistan.

Pearson, the base commander of CFB Gagetown, was interviewed by The Guardian during his visit to P.E.I. Thursday.

Topics he was both eager and prepared to detail included an upcoming fundraising dinner in support of military families and injured soldiers in N.B. and P.E.I., his meeting with Premier Robert Ghiz in which the pair spoke about “issues of mutual interest and concern’’ and improvements that are being made to the aging building that is home to the P.E.I. Regiment.

Pearson tried to steer clear of sizing up Semrau, who unarguably took the law into his own hands by violating humanitarian law when he chose to fire two bullets into an Afghan soldier to spare the man from dying a slow, agonizing death.

Many have argued the action taken by Semrau was courageous and humanitarian, rather than a departure from the exemplary character and lauded military service he enjoyed leading up to the life-changing (and possible career-ending) incident in Afghanistan.

Asked if Semrau is a good soldier, Pearson replied: “I have nothing to say about that.’’

Why no comment?

“That’s because a sentence hasn’t been rendered and it’s hard for me to say. I didn’t review the evidence. I don’t know what to say.’’

Yet, the colonel, who moments earlier in the interview before he was urged to comment on Semrau, described a good soldier as being defined by three basic characteristics: loyalty, bravery and dedication.

A good soldier today, said Pearson, is no different than a good soldier of the past.

So, again, is Semrau a good soldier?

The evidence — or, more accurately, a military jury’s finding — concluded otherwise, noted Pearson.

While Semrau was acquitted of murder in the alleged mercy killing, he was found guilty of a lesser, but still serious offence for shooting a wounded, unarmed insurgent on Oct. 19, 2008, in Helmand province.

“A conviction for a disgraceful conduct is a conviction and that sort of sounds to me (like) not a good soldier,’’ said Pearson.

“I trust that the court martial made a proper decision.’’

Pearson says he is not looking to read anything into the length of Semrau’s sentence, set to be rendered in September, regardless of whether it appears harsh or light.

“It can’t make any difference,’’ he said.

“The law is bigger than the military and so the military are servants of the

law.’’
 
Slow news day on PEI and a second rate reporter was hunting for a story where there was none...so he instigated one.

Nice.        ::)

Regards
 
Mike is one very smart guy, who intellectually, could handle any reporter, let alone a second rate one.
 
Semrau sentencing delayed
Last Updated: Wednesday, September 8, 2010 | 2:56 PM ET CBC News
The sentencing of Capt. Robert Semrau, a Canadian soldier found guilty of disgraceful conduct in the death of a wounded insurgent in Afghanistan, has been postponed until Sept. 21.

Capt. Robert Semrau is now scheduled to be sentenced on Sept. 21 for disgraceful conduct in the death of a wounded insurgent in Afghanistan's Helmand province in 2008. (Sean Kilpatrick/Canadian Press)Military Judge Lt.-Col. Jean-Guy Perron has informed the parties involved that he couldn't reconvene the court martial on Sept. 9 as scheduled because of medical reasons, a Canadian Forces spokesman said Tuesday.

Semrau, 36, was accused of firing two rounds from his rifle at a dying Taliban fighter in Helmand province of Afghanistan in October 2008.

In July, he was acquitted of three more serious charges, including second-degree murder, attempting to commit murder with a firearm and negligent performance of a military duty.

The trial heard evidence that Semrau told fellow officers after the shooting that he simply wanted to put a wounded and dying enemy fighter out of his misery.

Semrau never testified, but an Afghan army captain who was on the patrol with Semrau testified the Taliban fighter was "98 per cent dead" when he was found.

Now based at CFB Petawawa, Semrau, a married father of two young children, grew up in Moose Jaw, Sask.

The charge of behaving in a disgraceful manner carries a penalty of up to five years in prison.


Read more: http://www.cbc.ca/politics/story/2010/09/08/semrau-court-martial.html#ixzz0yy3fPWiu
 
Der Panzerkommandant.... said:
Slow news day on PEI and a second rate reporter was hunting for a story where there was none...so he instigated one.

Nice.        ::)

Regards

The Guardian is one of the biggest jokes of a newspaper ever.  As a point of reference, when I worked there (don't worry, not as a writer in any capacity haha), they intentionally wrote it at a junior high level.  Of course, that speaks wonders of the literacy rates here on the Island...  But that's a whole different issue.  :-\
 
owa said:
  Of course, that speaks wonders of the literacy rates here on the Island...  But that's a whole different issue.  :-\

Oddly enough, low literacy rates were in the news tonight. Coincidence ?

http://www.cbc.ca/canada/story/2010/09/08/adult-literacy-report.html
 
CDN Aviator said:
Oddly enough, low literacy rates were in the news tonight. Coincidence ?

http://www.cbc.ca/canada/story/2010/09/08/adult-literacy-report.html

I didn't notice that today.  Interesting read, thanks for the link.
 
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