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Capt. Robert Semrau Charged With Murder in Afghanistan

PMedMoe said:
I agree.  Is this like being "kind of" pregnant? 
I have a hunch that the "attempted murder" charge is to protect against the defence claiming that there's a reasonable doubt that the insurgent died of his battle wounds even if it can be shown that the accused shot him with the intent to kill.

Without a fall-back in that case he'd be found not guilty. Given that the person was already seriously wounded, it would be impossible to conclusively prove what caused his death.
 
hamiltongs said:
I have a hunch that the "attempted murder" charge is to protect against the defence claiming that there's a reasonable doubt that the insurgent died of his battle wounds even if it can be shown that the accused shot him with the intent to kill.
Or if the intent to kill can't be proven, as mentioned in one earlier prediction in this thread:
dapaterson said:
.... citing "heat of passion" during the TIC in the agreed statement of facts ....
...although I notice manslaughter is no longer on the list for now.

I, too, hope Capt. S and his family is doing okay - I look forward to seeing the legal process unfold.
 
FastEddy said:


I sure hope whoever reported the facts or events of this incident, are really feeling good about themselves for doing their DUTY, yes Sirree, just the kind of guys you'd like to have a beer with.

Facts cannot be buried forever, it is best to deal with issues in a transparent, forthright fashion, since the Afghan soldiers also reported the incident. If the allegations are accurate I am sure Capt S had his reasons and he should be prepared to defend them. 
 
Simian Turner said:
Facts cannot be buried forever, it is best to deal with issues in a transparent, forthright fashion, since the Afghan soldiers also reported the incident. If the allegations are accurate I am sure Capt S had his reasons and he should be prepared to defend them.
+1

Hope for a speedy trial, found not guilty - for whatever reason - and a return to duty ASAP.

cheers,
Frank
 
I know there is a history  of this sort of thing happening in the past conflicts, myths or facts. I read something about an Officer from that  country a general or other high ranking officer  and he was quoted as saying he saw nothing wrong with the actions taken on the battle field.
I guess our Canadian or western values rate this sort of action in the worst light possible. I hope this matter is resolved fairly  and in an open way so it all can be reported honestly and without negative reviews on the boots on the ground of all ranks. I am sure if the officer did what  they charged him with he did not do it without knowing the side effects and I am sure he will have to live with that  choice long after the trials and the arm chair quarter backing is done. Good Luck sir with your outcome.
 
FastEddy said:

yes Sirree, just the kind of guys you'd like to have a beer with.

You probably wouldn't get the chance, since they have likely been promoted since and wouldn't drink with the likes of us. 
 
This from DND:
General Court Martial proceedings will begin January 25, 2010, at the Asticou Centre in Gatineau, Québec, for Captain Robert Semrau in relation to the shooting death of a wounded insurgent that occurred in Afghanistan in October 2008.

Captain Semrau is currently serving as a staff officer with the 3rd Battalion, the Royal Canadian Regiment, at CFB Petawawa.  He shall be tried by a General Court Martial, which is composed of a Military Judge and a panel of five military members.  The military judge for this public hearing will be Colonel Mario Dutil.

-30-

NOTE TO THE EDITOR/ NEWS DIRECTOR:

The charge sheet can be accessed by clicking on the following link:
http://www.jmc-cmj.forces.gc.ca/ccm-cmc/fca-cs/doc/semrau.pdf

As the matter is before a service tribunal it would be inappropriate to comment further about the circumstances surrounding this case at this time.  Please note, however, that the hearing is open to the media and the public and will take place at the following location:

Room 2601 (courtroom), Block 2600
Asticou Centre
241 de la Cité-des-Jeunes Boulevard
Gatineau, Québec

Any media interested in attending the court martial are asked to click on the following link to register your attendance:
http://www.forces.gc.ca/site/news-nouvelles/media/contact-eng.asp

Any further questions, please contact the Media Liaison Office in Ottawa at 1-866-377-0811. Electronic recording devices and photographic equipment are not allowed within the court room.

Colonel Mario Dutil’s Biography, military judge, can be accessed by clicking on the following link:
http://www.cmp-cpm.forces.gc.ca/dsa-dns/sa-ns/ab/sobv-vbos-eng.asp?maction=view&mbiographyid=710

Charge Laid Relating to Death of Presumed Insurgent
News Release January 2, 2009:
http://www.forces.gc.ca/site/news-nouvelles/view-news-afficher-nouvelles-eng.asp?id=2840

Custody hearing to take place for charged Canadian Forces member
Media Advisory January 5, 2009:
http://www.forces.gc.ca/site/news-nouvelles/view-news-afficher-nouvelles-eng.asp?id=2841

Canadian Forces Officer to Face General Court Martial
News Release September 18, 2009:
http://www.forces.gc.ca/site/news-nouvelles/view-news-afficher-nouvelles-eng.asp?id=3118

The custody hearing transcript from January 7, 2009, can be accessed by clicking on the following link:
http://www.jmc-cmj.forces.gc.ca/dec/2009/doc/Semrau%20Decision-CRH-eng.pdf
 
For those interested:
For the 1st charge (130 NDA: second degree murder {s. 235.1 CCC})
235. (1) Every one who commits first degree murder or second degree murder is guilty of an indictable offence and shall be sentenced to imprisonment for life.
Minimum punishment
(2) For the purposes of Part XXIII, the sentence of imprisonment for life prescribed by this section is a minimum punishment
For the 2nd charge (S. 130 NDA, attempt to commit murder using a firearm (s. 239(1)(a.1) CCC).)
239. (1) Every person who attempts by any means to commit murder is guilty of an indictable offence and liable
(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
(i) in the case of a first offence, five years
For the 3rd charge (S. 93 NDA, behaved in a disgraceful manner.)
93. Every person who behaves in a cruel or disgraceful manner is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding five years or to less punishment.
Finally, for the 4th charge:  S. 124 NDA, negligently performed a military duty imposed on him.
124. Every person who negligently performs a military duty imposed on that person is guilty of an offence and on conviction is liable to dismissal with disgrace from Her Majesty’s service or to less punishment.
Finally, for info, the scale of punishments:
139. (1) The following punishments may be imposed in respect of service offences and each of those punishments is a punishment less than every punishment preceding it:
(a) imprisonment for life;
(b) imprisonment for two years or more;
(c) dismissal with disgrace from Her Majesty’s service;
(d) imprisonment for less than two years;
(e) dismissal from Her Majesty’s service;
(f) detention;
(g) reduction in rank;
(h) forfeiture of seniority;
(i) severe reprimand;
(j) reprimand;
(k) fine; and
(l) minor punishments.
 
tango22a said:
Years ago, when I was taking my Corporal's Course, we were told " When laying a charge ALWAYS add a charge of " conduct prejudicial to  good order and discipline."  If you really wanted to hang the guy out and you couldn't get him on a major charge you could almost always get him on "conduct prejudicial".

Oddly enough, on my ISCC we were taught that "shotgunning" charges was the mark of a weak case; the Sergeant Major who taught me military law said that if you had the guy to rights, then don't bother with the lesser charges like "section 129" because the tendency was to give the lesser punishment. It also ment that we needed to be quite sure that we did have the guy dead to rights, all statements taken, all evidence accounted for and the paperwork properly worded to ensure a conviction.

Just my .02
 
235. (1) Every one who commits first degree murder or second degree murder is guilty of an indictable offence and shall be sentenced to imprisonment for life.
Minimum punishment
(2) For the purposes of Part XXIII, the sentence of imprisonment for life prescribed by this section is a minimum punishment

This doesn't mean life behind bars forever.  Nobody gets that unless you get whacked with a dangerous offender status (Which Capt. Semrau clearly is not).  I just means you are on parole forever.  After a while, the status really doesn't mean much of anything other than if you crap the bed bad enough you can go back to the bucket for a while till they spring you out on parole again. 
Given the politics behind this and the current prisoner handling flinch going on at present IMO the good captain will beat the two CC charges and will get dogpiled on the DND charges. 
 
Cdn soldier accused of battlefield execution
By Murray Brewster and John Ward
THE CANADIAN PRESS
24 January 2010
copy at: http://www.winnipegsun.com/news/world/2010/01/24/12594591.html

OTTAWA — A Canadian soldier will face a court martial Monday, accused of the 2008 murder of a wounded, unarmed Taliban fighter in southern Afghanistan — a case a military expert says is almost certainly the first of its kind.

Capt. Robert Semrau has been charged with second murder in the battlefield killing of an insurgent fighter following a prolonged clash in Lashkar Gah, the capital of Helmand province.

The series of running firefights took place as British and Afghan forces along with their Canadian mentors helped defend the city in Oct. 2008. But Semrau wasn’t charged until the alleged killing came to the attention of Canadian commanders two months later.

Michel Drapeau, a retired colonel and lawyer, said he hasn’t been able to find a case of this kind in Canadian military legal history, where a soldier was tried for the battlefield murder of a prisoner.

“It’s unprecedented in many, many respects,” said Drapeau.

“I can’t remember any such incidents in the past 50 years and in the Second World War, I don’t believe there was such a court martial. From my own memory and recollection, there hasn’t been such a case.”

A joint “synopsis” of the Afghan incident, filed in court last year, states Semrau was mentoring an Afghan National Army unit under British command when they were ambushed in the Nad Ali district.

A U.S. Apache helicopter was called in and sprayed the area with cannon fire. When the Afghans and Canadians swept the district afterwards they discovered one dead insurgent and another with wounds “too severe for any type of treatment” in the field.

The document says an assault rifle was taken from the wounded man before Semrau was allegedly seen firing his rifle at him. Two shots were heard.

The Canadian and Afghan army forces moved on and the body of the dead insurgent was never recovered.

Over the years, military historians have compiled a handful of anecdotes of Canadian soldiers involved in battlefield executions. There were several well-known cases in Korea and a number of stories of troops shooting German prisoners in retaliation for the murder of Canadians by the SS in the aftermath of D-Day.

But none has ever resulted in a murder charge.

Two Canadian soldiers were charged with second-degree murder in the 1993 death of Somali teenager Shidane Arone, who was not a prisoner taken in combat. During the aborted Somali inquiry, there were also separate allegations Canadian troops had executed another wounded prisoner during the ill-fated humanitarian mission.

Drapeau said the shadow of the Somalia scandal is weighing heavily on those making the decisions.

“I think the Forces is going to go to any extreme to make sure no blame is attached to them as to a coverup and they’re going to be extremely clean in the application of Canadian and human rights law,” he said.

“My sense is that they’ve laid the charges and will let the court sort it out.”

Drapeau isn’t the only one to see this through a political lens. A group dedicated to Semrau on the social networking site Facebook has 7,067 members.

Semrau is seen as a scapegoat.

“Capt. Robert Semrau, a comrade and a friend, is being wrongfully charged with the death of a presumed Afghani insurgent during a fire fight with Taliban forces,” wrote the page creator Stuart McMahon.

“In a land of misery, fear and an unknown enemy our men and women fight for our freedom. We cannot begin to understand the stress our troops undergo everyday in Afghanistan. I have been honoured to have known Capt. Robert Semrau. During my time spent in the Canadian Armed Forces I have worked alongside Robert and was graced with his companionship, understanding and leadership that he sufficiently gave to every soldier under his command.”

The fact that no body was recovered presents “some powerful evidentiary problems” for the prosecutors, Drapeau says, because they wouldn’t be able to prove Semrau’s shots were indeed the fatal blows.

An argument could be made that the wounded Taliban was suffering and Semrau was only putting him out of his misery.

Drapeau said Canadian and international humanitarian law does not recognize mercy killings and it’s unlikely such a defence would stand.

Semrau was released from detention last January and has remained with his regiment at Canadian Forces Base Petawawa, Ont., under a series of court-imposed conditions, including that he not possess any firearms or explosives in the course of his duties.
 
old medic said:
"Drapeau said Canadian and international humanitarian law does not recognize mercy killings and it’s unlikely such a defence would stand."
Oh, well. If a retired public affairs officer says so...
 
hamiltongs said:
Oh, well. If a retired public affairs officer says so...


Just for the record: Michel Drapeau is a retired army logistics colonel and a practicing lawyer.

While I do not agree with some many most of his stands I can tell you, from personal experience, that he was a first rate logistician who got results for us when we were at the far end of a tenuous, resource starved supply chain and I have heard no complaints about his legal skills and knowledge.

 
This from the Canadian Press:
.... (Defence counsel) Maj. Steve Turner laid out the broad direction of those applications Monday and most deal with perceptions of impartiality in the military court martial process.

Turner opened with the seemingly picayune: Whether five, yet-to-be-selected officers acting as jurors - or panellists in court martial parlance - should be required to wear civilian clothing.

"The panel will necessarily have a pecking order," if full dress uniforms are worn, as is standard procedure, Turner argued.

The point of the application, he said, is "to promote and encourage as much equality on the panel as possible."

Lt. Col. Mario Leveillee, the military's director of prosecutions, provided a withering response that characterized Turner's Charter-based arguments as "fundamentally flawed and at times frankly incoherent."

The judge advocate, Col. Mario Dutil, dismissed the uniform question Monday.

Other defence applications will request that all or part of the trial be moved to Kandahar Air Field in Afghanistan, or to Pembroke, Ont., near where Semrau is currently stationed at Canadian Forces Base Petawawa.

Semrau's wife of 10 years, a kindergarten teacher, and their 18-month-old daughter live in Pembroke, a two-hour drive west of Ottawa.

The defence will also present arguments about judicial impartiality in the court martial process; the length of the delay in bringing Semrau to trial; and the process used for selecting panellists at courts martial. Anyone lower in rank than the accused is automatically excluded from panel selection, a practice that Turner argued in his application has "no military necessity or logical basis."

Finally, Turner said he'll be making arguments concerning the military sentencing regime and how the proscribed penalties lack the range of options available to civilian courts ....

More from the Toronto Star, National Post and Christie Blatchford's take on the uniform arguements here.
 
This doesn't bode well for the defense's case if they are trying to get the process halted before any testimony is given. As has been mentioned in previous posts, a weak prosecutor's case often includes many of the catch all charges in hopes that something sticks. A weak defense's case often attacks the process, not the facts.

 
Is there any more news about Capt Semrau ? I have looked around the net and no info on this
 
captloadie said:
This doesn't bode well for the defense's case if they are trying to get the process halted before any testimony is given. As has been mentioned in previous posts, a weak prosecutor's case often includes many of the catch all charges in hopes that something sticks. A weak defense's case often attacks the process, not the facts.

As much as I hate to, I have to side with the defense here.  It is the defenders job to try to explore every avenue in order to gain the best possible advantage for their client.  It is the judges place to shoot down the silly requests/attempts as they appear.  In this case, it worked.  Sadly, on the civilian side, the defense get away will all sorts of idiotic shenanigans. 
I think it's pretty early to be throwing Capt Semrau under the bus just yet.

mariomike said:
Mercy killing was Dr Death Kevorkian's defence. They sentenced him to 10-15 years in the Michigan Pen. I don't know if mercy killing is a defence in Canadian courts? It wasn't for Robert Latimer.

No, it is not a defense.  Strangely though, we routinely decide when our old people have had it and then put them on a steady diet of morphine with no food or water.  They call it "palliative care".  For whatever reason, it isn't considered murder.  Go figure?  ???
(for the record, I support mercy killing)

 
Occam said:
Yet the terminally ill are forced to live out their last days while enduring insufferable pain, or drugged up beyond comprehension.  Something just isn't right there...

You never know how families will react to an Expected Death outside the hospital until it happens. Sometimes they hand you the DNR Order, then a minute later rescind it and tell you to save them. Or, some of them are telling you to save him, and others are telling you to stop.

Peter Worthington on the case:
"Semrau a scapegoat?
Century-old Breaker Morant case echoes current court martial":
http://www.torontosun.com/news/columnists/peter_worthington/2010/01/21/12562536.html

The court martial of Capt. Robert Semrau begins Monday in Gatineau, a few miles on the Quebec side of Ottawa, on charges that he shot and killed a wounded Taliban insurgent who ambushed his patrol in Afghanistan in 2008.

In some ways, Semrau’s case has disquieting relevance to the movie Breaker Morant — based on the true story of Australian soldiers in the Boer War, scapegoated by the British in the name of political expediency. Anyone interested in this trial and Afghanistan might find it instructional to rent and watch the movie.

The Canadian government has prorogued Parliament in part to delay and perhaps escape the consequences of Canadian soldiers accused of turning over Taliban prisoners to Afghan authorities to be mistreated and tortured. Unlike our troops in Somalia in 1993, there are no allegations that Canadians in Afghanistan have tortured anyone.

Generals say they knew nothing about torture. The PM and defence minister plead ignorance and lack of proof or evidence, dissing a diplomat (Richard Colvin) who insists his warnings of torture (which he didn’t witness) were ignored. Meanwhile, a respected Canadian officer faces court martial, accused of murdering a wounded Taliban insurgent on the battlefield. Capt. Semrau and his military lawyer might check the Breaker Morant movie and relate it to their own situation.

In the movie version (replete with poetic licence), Breaker Morant and two fellow officers were in the Bushveldt Carbineers (BVC) — a counter-insurgency unit formed at the orders of Lord Kitchener to combat Boer (Afrikaner) “commandos” who wore no uniforms and waged a merciless and effective guerrilla war against the British.

The Bushveldt Carbineers took few prisoners and were as rough as Afrikaner commandos. When Morant’s friend, Capt. Hunt, was wounded, captured, tortured to death and his body mutilated, Morant and his unit captured the perpetrators and shot them.

The resulting court martial was more a kangaroo court. Two of the three officers were sentenced to death. The war was ending and Kitchener denied the policy of executing prisoners. Morant and Lt. Handcock were executed by a firing squad in 1902. Outrage at the injustice reverberates in Australia to this day.

While atrocities were rampant on both sides, the Brits generally resented the “colonial” Aussies (“They only salute officers they like,” complained a Brit). There’s little question that the trial was a travesty with political ramifications.

Fast forward to the present: Why is Canada so immersed in worrying about what Afghans do to their Afghan enemies? Afghanistan is not our country. Canadian soldiers are not abusing prisoners. So why the pretence that we care?

As for Capt. Semrau, he is the first Canadian ever to be charged with murdering an enemy on the battlefield in war. Why now? Is this another ploy to enhance political correctness? Is Semrau being scapegoated? In past wars, such incidents were ignored.

In Canada, it’s traditional that the military is a fall guy when it’s convenient to trim the budget or take pressure off the political process (“It’s Tommy this, an’ Tommy that, an’ chuck him out, the brute!”).

While most Canadians relish our soldiers being professional and competent, others are embarrassed that we are good at soldiering, and would prefer our soldiers not be so adept at their chosen trade.

In short, Breaker Morant seems alive and well in Canada.
 
What a coincidence that I am three quarters through "Shoot straight you Bastards",  all about The Breaker.  Circumstances (trial wise and politics) of the two could make Mr Worthington ponder the connection and similarities.  Personally I hope the best for Capt. Semaru and will be pleased should he be found not guilty.  Morant, Handcock, Whitton and the others were indeed Scape Goats of the Empire.  Hopefully we won't follow this path for the sake of political expediency to please the masses.
 
Apropos of nothing, after reading Blatchford's piece I'm seriously considering adding "Not required to defend the airfield" on my business cards. :)
 
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