Capt. Robert Semrau Charged With Murder in Afghanistan

[armyvern]

Just some results from the Court Martial calendar; interesting.
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17 Feb 09 Lt Hernandez CFB Wainwright, Building 626, Denwood, AB
Charges and results Charge 1: S. 130 NDA, assault (s. 266 CCC).
Charge 2: S. 97 NDA, drunkenness.
FINDINGS: Charges 1, 2: Guilty.
SENTENCE: A reprimand and a fine in the amount of $1000.
(Note the lack of S. 129 - that 'all-encompassing' charge)
_______________________

13 Mar 09 PO1 Bradt Asticou Centre, Block 2600, 241 Cité-des-Jeunes Boulevard, Gatineau, QC
Charges and results Charge 1 (alternate to charge 2): S. 112(a) NDA, used a vehicle of the Canadian Forces for an unauthorized purpose.
Charge 2 (alternate to charge 1): S. 130 NDA, breach of public trust by public officer (s. 122 CCC).
Charge 3 (alternate to charge 4): S. 117(f) NDA, an act of a fraudulent nature not particularly specified in sections 73 to 128 of the National Defence Act.
Charge 4 (alternate to charge 3): S. 130 NDA, breach of public trust by public officer (s. 122 CCC).
Charge 5 (alternate to charge 6): S. 117(f) NDA, an act of a fraudulent nature not particularly specified in sections 73 to 128 of the National Defence Act.
Charge 6 (alternate to charge 5): S. 130 NDA, breach of public trust by public officer (s. 122 CCC).
Charge 7: S. 129 NDA, conduct to the prejudice of good order and discipline.
FINDINGS: Charges 1, 3: A stay of proceedings. Charges 2, 4: Guilty. Charges 5, 6, 7: Not guilty.
SENTENCE: A severe reprimand and a fine in the amount of $3000.
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18 Mar 09 Ex-MCpl Floyd Valcartier Garrison, Building 534, l'Académie, Courcelette, QC
Charge and results Charge 1: S. 90 NDA, absent without permission.
FINDING: Charge 1: Guilty.
SENTENCE: A reduction in rank to the rank of private.
(Note the lack of S. 129 - that 'all-encompassing' charge)
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28 Mar 09 Ex-OS Ellis CFB Esquimalt, Building 30-N, 2nd floor, Victoria, BC
Charges and results Charges 1, 2: S. 130 NDA, trafficking (s. 5(1) CDSA).
Charges 3, 4: S. 129(2) NDA, conduct to the prejudice of good order and discipline.
FINDINGS: Charges 1, 2, 3, 4: Guilty.
SENTENCE: Imprisonment for a period of nine months.
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31 Mar 09 MWO (retired) Pelletier CFB Wainwright, Building 626, Denwood, AB
Charges and results Charge 1 (alternate to charge 2): S. 114 NDA, stealing when entrusted, by reason of his employment, with the custody, control or distribution of the thing stolen.
Charge 2 (alternate to charge 1): S. 129 NDA, an act to the prejudice of good order and discipline.
Charges 3, 4: S. 112 NDA, used a vehicle of the Canadian Forces for unauthorized purposes.
FINDINGS: Charge 1: A stay of proceedings. Charges 2, 3, 4: Guilty.
SENTENCE: A severe reprimand and a fine in the amount of $3000.
__________________________

6 Apr 09 MCpl Bolter CFB Edmonton, Building 179, Rhine Road, Edmonton, AB
Charges and results Charge 1: S. 90 NDA, absented himself without leave.
Charge 2: S. 114 NDA, stealing.
Charge 3: S. 129 NDA, an act to the prejudice of good order and discipline.
FINDINGS: Charges 1, 2, 3: Guilty.
SENTENCE: Detention for a period of 14 days.
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10 Apr 09 Lt(N) Price 6080 Young Street, 5th floor, Suite 506, Halifax, NS
Charges and results Charge 1 (alternate to charge 2): S. 130 NDA, theft over $5000 (s. 334 CCC).
Charge 2 (alternate to charge 1): S. 114 NDA, stealing when entrusted, by reason of his employment, with the custody, control or distribution of the thing stolen.
FINDINGS: Charge 1: A stay of proceedings. Charge 2: Guilty.
SENTENCE: A reduction in rank to the rank of sub-lieutenant, a severe reprimand and a fine in the amount of $2500.
(Note the lack of S. 129 - that 'all-encompassing' charge)
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16 Apr 09 Cpl Richard CFB Gagetown, Building F1, Oromocto, NB
Charge and results Charge 1: S. 129 NDA, neglect to the prejudice of good order and discipline.
FINDING: Charge 1: Guilty.
SENTENCE: A fine in the amount of $200.
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16 Apr 09 Pte Wilkins CFB Shilo, Building C-106, Portsmouth Road, Shilo, MB
Charges and results Charge 1: S. 130 NDA, possession of child pornography (s. 163.1(4)(b) CCC).
Charge 2: S. 130 NDA, accessing child pornography (s. 163.1(4.1)(b) CCC).
FINDINGS: Charges 1, 2: Not guilty.
(Note the lack of S. 129 - that 'all-encompassing' charge)
_________________________

29 Apr 09 Cpl Venator CFB Gagetown, Building F1, Oromocto, NB
Charges and results Charges 1, 2, 3: S. 130 NDA, trafficking (ss. 5(1) CDSA).
FINDINGS: Charges 1, 2, 3: Guilty of the lesser and included offence of possession.
SENTENCE: Imprisonment for a period of six months and a fine in the amount of $1000. The carrying into effect of the sentence of imprisonment has been suspended.
(Note the lack of S. 129 - that 'all-encompassing' charge)
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8 May 09 Ex-Pte Desrosiers Garrison Valcartier, Building 534, the Academy, Courcelette, QC
Charges and results Charges 1, 11, 12: S. 129 NDA, conduct to the prejudice of good order and discipline.
Charge 2: S. 114 NDA, stealing.
Charges 3, 4, 13, 20, 22: S. 130 NDA, failure to comply with a probation order of a court (s. 733.1 CCC).
Charge 5 (alternate to charge 6): S. 114 NDA, stealing.
Charge 6 (alternate to charge 5): S. 117(f) NDA, an act of a fraudulent nature not particularly specified in sections 73 to 128 of the National Defence Act.
Charge 7 (alternate to charge 8): S. 114 NDA, stealing.
Charge 8 (alternate to charge 7): S. 117(f) NDA, an act of a fraudulent nature not particularly specified in sections 73 to 128 of the National Defence Act.
Charge 9 (alternate to charge 10): S. 114 NDA, stealing.
Charge 10 (alternate to charge 9): S. 117(f) NDA, an act of a fraudulent nature not particularly specified in sections 73 to 128 of the National Defence Act .
Charges 14, 23, 24: S. 90 NDA, absented himself without leave.
Charge 15 (alternate to charge 16): S. 101.1 NDA, failed to comply with a condition imposed under division 3.
Charge 16 (alternate to charge 15): S. 101.1 NDA, failed to comply with a condition imposed under division 3.
Charge 17 (alternate to charge 18): S. 83 NDA, disobeyed a lawful command of a superior officer.
Charge 18 (alternate to charge 17): S. 129 NDA, an act to the prejudice of good order and discipline.
Charge 19: S. 130 NDA, mischief (s. 430(1)(d) CCC).
Charge 21: S. 116(a) NDA, wilfully damaged public property.
Charge 25: S. 101 NDA, failed to comply with a condition imposed under division 3.
FINDINGS: Charges 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 13, 16, 17, 19, 20, 22: Withdrawn. Charges 11, 12, 14, 15, 18, 21, 23, 24, 25: Guilty.
SENTENCE: Imprisonment for a period of 30 days. The carrying into effect of the sentence of imprisonment has been suspended.
This one is close to being the highest volume of charges I've seen in a single proceeding against one individual ... wow.
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11 May 09 Sgt Finstad 2321 Hansleman Avenue, Saskatoon, SK
Charges and results Charge 1 (alternate to charge 2): S. 83 NDA, disobeyed a lawful command of a superior officer.
Charge 2 (alternate to charge 1): S. 129 NDA, an act to the prejudice of good order and discipline.
Charge 3: S. 125 NDA, wilfully made a false entry in a document made by her that was required for official purposes.
FINDINGS: Charges 1, 3: Withdrawn. Charge 2: Guilty.
SENTENCE: A fine in the amount of $200.
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11 May 09 WO Tourville 713 Beauport Communication Regiment, 535 Ste-Anne Boulevard, Room 100, Québec, QC
Charges and results Charges 1, 2: S. 130 NDA, a fraud on the government (s. 121(1)(c) CCC).
Charge 3: S. 130 NDA, a fraud under $5000 (s. 380(1)(b)(ii) CCC).
FINDINGS: Charges 1, 2, 3: Guilty.
SENTENCE: A severe reprimand and a fine in the amount of $2000.
(Note the lack of S. 129 - that 'all-encompassing' charge)
________________________

14 May 09 Sgt Swaby The Lieutenant-Colonel George Taylor Denison lll Armoury, 1 Yukon Lane, Toronto, ON
Charges and results Charge 1 (alternate to charge 2): S. 75h) NDA, when acting as sentry, slept.
Charge 2 (alternate to charge 1): S. 129 NDA, neglect to the prejudice of good order and discipline.
Charge 3 (alternate to charge 4): S. 75h) NDA, when acting as sentry, slept.
Charge 4 (alternate to charge 3): S. 129 NDA, neglect to the prejudice of good order and discipline.
Charge 5 (alternate to charge 6): S. 75h) NDA, when acting as sentry, slept.
Charge 6 (alternate to charge 5): S. 129 NDA, neglect to the prejudice of good order and discipline.
FINDINGS: Charges 1, 2, 3, 4, 5, 6: Not guilty.
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26 May 09 A/SLt Ward CFB Esquimalt, Building 30-N, 2nd floor, Victoria, BC
Charges and results Charge 1: S. 130 NDA, made a false statement in writing (s. 362(1)(c) CCC).
Charge 2 (alternate to charge 1): S. 130 NDA, forgery (s. 367 CCC).
Charge 3 (alternate to charge 1): S. 130 NDA, uttering a forged document (s. 368 CCC).
FINDINGS: Charge 1: Guilty. Charges 2, 3: A stay of proceedings.
SENTENCE: A reprimand and a fine in the amount of $1500.
(Note the lack of S. 129 - that 'all-encompassing' charge)
________________________

9 Jun 09 Ex-MCpl Dickson 4 Wing Cold Lake, Wing Theatre, Building 674, Cold Lake, AB
Charges and results Charge 1: S. 114 NDA, stealing.
Charge 2 (alternate to charge 1): S. 130 NDA, fraud (s. 380(1) CCC).
Charges 3, 4, 5, 6, 7: S. 117(f) NDA, an act of a fraudulent nature not particularly specified in sections 73 to 128 of the National Defence Act.
FINDINGS: Charge 1: A stay of proceedings. Charge 2: Guilty. Charges 3, 4, 5, 6, 7: Withdrawn.
SENTENCE: Imprisonment for a period of 21 days, a reduction in rank to the rank of private and a fine in the amount of $8000. The carrying into effect of the sentence of imprisonment has been suspended.
(Note the lack of S. 129 - that 'all-encompassing' charge)
______________________________

 

[armyvern]

Part two (II):

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10 Jun 09 Pte Bridger CFB Petawawa, Building L-106, Petawawa, ON
Charges and results Charge 1: S. 130 NDA, public mischief (s. 140 CCC).
Charge 2: S. 96(a) NDA, knowingly made a false accusation against a non-commissioned member.
FINDINGS: Charges 1, 2: Guilty.
SENTENCE: Detention for a period of 30 days. The carrying into effect of the sentence of detention has been suspended.
(Note the lack of S. 129 - that 'all-encompassing' charge)
_____________________________

12 Jun 09 Pte Sterread The Lieutenant-Colonel George Taylor Denison lll Armoury, 1 Yukon Lane, Toronto, ON
Charge and results Charge 1: S. 130 NDA, uttering threats (s. 264.1 CCC).
FINDING: Charge 1: Guilty.
SENTENCE: A reprimand and a fine in the amount of $500.
(Note the lack of S. 129 - that 'all-encompassing' charge)
____________________________

19 Jun 09 Pte Weir CFB Edmonton, Building 175, Rhine Road, Edmonton, AB
Charge and results Charge 1: S. 130 NDA, sexual assault (s. 271 CCC).
FINDING: Charge 1: Not guilty.
(Note the lack of S. 129 - that 'all-encompassing' charge)
____________________________

23 Jun 09 Cpl McGinnis-Armstrong Camp Aldershot, Building 209, Digby Avenue, Aldershot, NS
Charges and results Charge 1: S. 97 NDA, drunkenness.
Charge 2 (alternate to charge 3): S. 130 NDA, assaulting a peace officer (s. 270 CCC).
Charge 3 (alternate to charge 2): S. 86 NDA, quarrelled with a person subject to the Code of Service Discipline.
Charge 4 (alternate to charge 5): S. 130 NDA, mischief (s. 430 CCC).
Charge 5 (alternate to charge 4): S. 116(a) NDA, wilfully damaged public property.
Charge 6 (alternate to charge 7): S. 130 NDA, mischief (s. 430 CCC).
Charge 7 (alternate to charge 6): S. 116(a) NDA, wilfully damaged public property.
Charge 8 (alternate to charge 9): S. 130 NDA, mischief (s. 430 CCC).
Charge 9 (alternate to charge 8): S. 116(b) NDA, wilfully damaged property belonging to another person subject to the Code of Service Discipline.
Charge 10: S. 130 NDA, mischief (s. 430 CCC).
FINDINGS: Charges 1, 2: Guilty. Charge 3: A stay of proceedings. Charges 4, 5, 6, 7, 8, 9, 10: Withdrawn.
SENTENCE: Detention for a period of seven days.
(Note the lack of S. 129 - that 'all-encompassing' charge)
________________________

26 Jul 09 Cpl Harris CFB Gagetown, Building F1, Oromocto, NB
Charges and results Charge 1 (alternate to charge 2) : S. 130 NDA, assault (s. 266 CCC).
Charge 2 (alternate to charge 1) : S. 86 NDA, fought with a person subject to the Code of Service Discipline.
Charge 3: S. 86 NDA, used provoking speeches toward a person subject to the Code of Service Discipline, tending to cause a quarrel.
FINDINGS: Charge 1: A stay of proceedings. Charge 2: Guilty. Charge 3: Withdrawn.
SENTENCE: A fine in the amount of $200 and confinement to barracks for a period of five days.
(Note the lack of S. 129 - that 'all-encompassing' charge)
___________________________

27 Jul 09 Cpl Clark Mewata Armoury, 810 - 11th Street S.W., Calgary, AB
Charges and results Charge 1: S. 130 NDA, operating while impaired (s. 253(1)(a) CCC).
Charge 2: S. 130 NDA, dangerous operation (s. 249(1)(a) CCC).
Charge 3: S. 97 NDA, drunkenness.
FINDINGS: Charges 1, 2: Withdrawn. Charge 3: Guilty.
SENTENCE: A severe reprimand and a fine in the amount of $2000.
(Note the lack of S. 129 - that 'all-encompassing' charge)
____________________________

29 Jul 09 Pte Blanchard CFB Edmonton, Building 404, Edmonton, AB
Charge and results Charge 1: S. 90 NDA, absented himself without leave.
FINDING: Charge 1: Guilty.
SENTENCE: Detention for a period of five days and a fine in the amount of $1500.
(Note the lack of S. 129 - that 'all-encompassing' charge)
____________________________

6 Aug 09 Pte Nieuwendorp CFB Esquimalt, Building 30-N, 2nd floor, Victoria, BC
Charge and results Charge 1: S. 130 NDA, uttering threats (s. 264.1(1) CCC).
FINDING: Charge 1: Not guilty.
(Note the lack of S. 129 - that 'all-encompassing' charge)
____________________________

11 Aug 09 Cpl Lumb ASU/CFB Petawawa, Building L-106, Room 8, 48 Nicklin Parade Square, Petawawa, ON
Charge and results Charge 1: S. 130 NDA, trafficking (ss. 5(1) CDSA).
FINDING: Charge 1: Guilty.
SENTENCE: Imprisonment for a period of four months.
(Note the lack of S. 129 - that 'all-encompassing' charge)
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18 Aug 09 Cpl Wells CFB Borden, Building 51, 501 Cambrai Road, Borden, ON
Charge 1: S. 129 NDA, conduct to the prejudice of good order and discipline.
FINDING: Charge 1: Guilty.
SENTENCE: A reprimand and a fine in the amount of $2000.
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26 Aug 09 OS Welsh 6080 Young Street, 5th floor, suite 506, Halifax, NS
Charges and results Charge 1: S. 97 NDA, drunkenness.
Charge 2 (alternate to charge 3): S. 130 NDA, assault (s. 266 CCC).
Charge 3 (alternate to charge 2): S. 93 NDA, behaved in a disgraceful manner.

FINDINGS: Charge 1: Withdrawn. Charge 2 (alternate to charge 3): A stay of proceedings. Charge 3 (alternate to charge 2): Guilty.
SENTENCE: A severe reprimand and a fine in the amount of $2500.
(Note the lack of S. 129 - that 'all-encompassing' charge)
________________________

4 Sep 09 Sgt McLaren Land Force Atlantic Area Training Centre, Detachment Aldershot, Building 216, Kentville, NS
Charges and results Charge 1 (alternate to charge 2): S. 88 NDA, deserted.
Charge 2 (alternate to charge 1): S. 90 NDA, absented himself without leave.
FINDINGS: Charge 1: A stay of proceedings. Charge 2: Guilty.
SENTENCE: A reduction in rank to the rank of corporal.
(Note the lack of S. 129 - that 'all-encompassing' charge)
___________________________

18 Sep 09 Cpl Strong CFB Trenton, Building 22, 74 Polaris Avenue, Trenton, ON
Charges and results Charge 1 (alternate to charge 3): S. 130 NDA, careless use of a firearm (s. 86(1) CCC).
Charge 2 (alternate to charge 3): S. 83 NDA, disobeyed a lawful command of a superior officer.
Charge 3 (alternate to charges 1, 2): S. 129 NDA, an act to the prejudice of good order and discipline.
FINDINGS: Charges 1, 2, 3: Not guilty.
__________________________

22 Sep 09 Ex-WO Deschamps The Sherbrooke Hussars Armoury, 315 William, Sherbrooke, QC
Charges and results Charge 1: S. 130 NDA, sexual assault (s. 271 CCC).
Charge 2 (alternate to charge 3): S. 130 NDA, indecent acts (s. 173(1)(a) CCC).
Charge 3 (alternate to charge 2): S. 93 NDA, behaved in a disgraceful manner.
Charges 4, 5: S. 129 NDA, conduct to the prejudice of good order and discipline.
FINDINGS: Charges 1, 2, 4: Withdrawn. Charges 3, 5: Guilty.
SENTENCE: A reprimand and a fine in the amount of $4000.
________________________________

22 Sep 09 Pte Cross 17 Wing, Building 61, Winnipeg, MB
Charge and results Charge 1: S. 130 NDA, sexual assault (s. 271 CCC).
FINDING: Charge 1: Not guilty.
(Note the lack of S. 129 - that 'all-encompassing' charge)
________________________________

30 Sep 09 Cpl Wilcox Sydney Garrison, Sydney, NS
Charges and results Charge 1 (alternate to charge 2): S. 130 NDA, manslaughter while using, carrying or handling a firearm (s. 236(a) CCC).
Charge 2 (alternate to charge 1): S. 130 NDA, criminal negligence causing death by using, possessing, carrying or handling a firearm (s. 220(a) CCC).
Charge 3: S. 124 NDA, negligently performed a military duty imposed on him.
FINDINGS: Charge 1: A stay of proceedings. Charges 2, 3: Guilty.
SENTENCE: Imprisonment for a period of four years and dismissal from Her Majesty's service.
(Note the lack of S. 129 - that 'all-encompassing' charge)
_____________________________

5 Oct 09 Pte Seifi Moss Park Armoury, 130 Queen Street East, Toronto, ON
Charges and results Charge 1 (alternate to charge 2): S. 130 NDA, sexual assault (s. 271 CCC).
Charge 2 (alternate to charge 1): S. 129 NDA, an act to the prejudice of good order and discipline.
FINDINGS: Charges 1, 2: Proceedings terminated.
__________________________

6 Oct 09 OS Durante 6080 Young Street, 5th floor, suite 506, Halifax, NS
Charges and results Charge 1 (alternate to charge 2): S. 130 NDA, assault causing bodily harm (s. 267 CCC).
Charge 2 (alternate to charge 1): S. 86 NDA, fought with a person subject to the Code of Service Discipline.
FINDINGS: Charge 1: A stay of proceedings. Charge 2: Guilty.
SENTENCE: A severe reprimand and a fine in the amount of $2000.
(Note the lack of S. 129 - that 'all-encompassing' charge)
______________________________

9 Oct 09 Ex-Pte Seifi Moss Park Armoury, 130 Queen Street East, Toronto, ON
Charges and results Charge 1 (alternate to charge 2): S. 130 NDA, sexual assault (s. 271 CCC).
Charge 2 (alternate to charge 1): S. 129 NDA, an act to the prejudice of good order and discipline.
FINDINGS: Charge 1: Guilty of the lesser and included offence of assault. Charge 2: Not guilty.
SENTENCE: A reprimand and a fine in the amount of $500.
______________________________

Copied directly over from the Court Martial results website. Yellow bits are mine. It seems to me that there are a whole bunch of serious charges laid above where the member was NOT charged with that supposedly 'all-encompassing & always found guilty' S. 129. There's also a whole bunch where the finding on an S. 129 was NOT GUILTY. That should pretty much show the unworthiness of any argument that it is the "be all to end all charge" and that one can not wiggle out of it if they find themselves charged with it.

Can the myths about S. 129 cease now??

 

[kratz]

*SNIP*

Copied directly over from the Court Martial results website. Yellow bits are mine. It seems to me that there are a whole bunch of serious charges laid above where the member was NOT charged with that supposedly 'all-encompassing & always found guilty' S. 129. There's also a whole bunch where the finding on an S. 129 was NOT GUILTY. That should pretty much show the unworthiness of any argument that it is the "be all to end all charge" and that one can not wiggle out of it if they find themselves charged with it.

Can the myths about S. 129 cease now??

Your point was well made.

Generally speaking, people tend to abbreviate what they know is correct and new people hearing the abbreviated version take that as accurate. This is word of mouth modification is one of the ways incorrect information is passed along.

 

[Journeyman]

.....I could dig up 10+ examples of my previous posts where I have admitted I was wrong.......

You're being way too modest.

Understood from the previous comments that you'd rather I not continue on this thread so I will accept your advice.

Good start.

Since you draw that sentiment quite routinely, perhaps you should just stop posting in all threads where it's painfully obvious you don't know what you're talking about.

(aka - stay in your lane) You'd think you'd tire of seeing that

 

[57Chevy]

Jury deliberating fate of Canadian soldier charged with battlefield murder:
link
GATINEAU, Que. -- The fate of Capt. Robert Semrau is in the hands of four military officers who must decide whether he is guilty of killing in cold blood a severely wounded Taliban fighter.

The four-member jury retired to consider its verdict Saturday after Judge Jean-Guy Perron delivered four hours of final instructions in Semrau's court martial, which was held in Gatineau.

Deliberations continued Sunday and were set to resume on Monday.

Semrau, 36, of Canadian Forces Base Petawawa in Ontario, faces four charges, including second-degree murder, for allegedly firing two tracer bullets into the wounded insurgent on Oct. 19, 2008.

He is the first Canadian soldier to face a trial over allegations of a battlefield murder and has pleaded not guilty to all counts.
          (Reproduced under the Fair Dealings provisions of the Copyright Act)

 

[bick]

NOT GUILTY.........awesome

 

[Dog Walker]

Verdict just in.

Not guilty of second degree murder.

Guilty on lesser charges.

 

[Michael OLeary]

Semrau acquitted of murder in battlefield death
http://www.ctv.ca/CTVNews/Canada/20100719/semrau-court-martial-verdict-100719/

CTV.ca News Staff

Date: Monday Jul. 19, 2010 2:11 PM ET

Canadian Forces Capt. Robert Semrau has been found not guilty of second degree murder and attempted murder in the battlefield death in Afghanistan.

But he has been found guilty of discreditable conduct.

The military panel deciding the fate of the captain announced its decision Monday afternoon, after deliberating since Saturday afternoon.

Semrau had been accused of firing two rounds from his rifle into a dying Taliban fighter in Helmand province in October 2008. The trial has heard 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 during his four month trial, and his lawyer presented no evidence.

He is charged with four different offences, including second-degree murder, which carries a mandatory life sentence, with no chance of parole for 10 years.

 

[Ammo]

GATINEAU — Capt. Robert Semrau has been found guilty of disgraceful conduct in connection with the battlefield death of severely wounded Taliban fighter.

Semrau has been found not guilty Monday of the more serious charges of second-degree murder and attempted murder. He was also found not guilty of failing to perform a military duty.


The court was to reconvene at 3 p.m. to discuss sentencing.

More here http://www.ottawacitizen.com/Jury+reaches+verdict+Semrau+murder+trial/3296141/story.html




Read more: http://www.ottawacitizen.com/Jury+reaches+verdict+Semrau+murder+trial/3296141/story.html#ixzz0u9az6Ybe

 

[OldSolduer]

Good to hear.

 

[The Bread Guy]

A bit more from the Canadian Press:

An unprecedented court martial has found Canadian Forces Capt. Robert Semrau not guilty of murder in a battlefield shooting in Afghanistan.

He was convicted on the lesser military charge of disgraceful conduct.

The five-member court panel, the equivalent of a military jury, spent two and a half days considering the case against the 36-year-old officer ....

Still a serious charge, but here's hoping life for all concerned can go on soon.

 

[jollyjacktar]

YES! YES! YES! YES!..... saw it on the news at 1500 hrs.  Frankly I did not have faith in the system, I am relieved that I was wrong . 

 

[Pencil Tech]

That is good news. I hope the sentencing is lenient.

 

[Dennis Ruhl]

Can the myths about S. 129 cease now??

My father's military life ended 65 years ago and he could quote the relevant section of the day.  I assume he ran into it more than once because he always managed to end up as a private.  Mind you in those days only guilty people were charged.  As they said "March the guilty b*****d in."  There is a difference.  In civilian court, being not guilty of the offence means walking away.  Military courts do have a catch-all and in your examples it is applied fairly frequently.

 

[observor 69]

July 19, 2010
Semrau acquitted of murder
By CBC News
CBC News
Capt. Robert Semrau has been found guilty by a military panel of disgraceful conduct but not guilty of second-degree murder in the death of a wounded Afghan insurgent.
Capt. Robert Semrau has been found guilty by a military panel of disgraceful conduct but not guilty of second-degree murder in the death of a wounded Afghan insurgent.

The disgraceful conduct charge carries a penalty of up to five years in prison. Semrau has not yet been sentenced.

The four-member panel in Gatineau, Que., handed down the decision Monday. It came after three days of deliberations in the court martial of the Canadian Forces captain charged in a battlefield death in Afghanistan.

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

A question from the jury about evidence kept lawyers arguing for hours, preventing a verdict on the weekend.

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.

Semrau was charged with four offences, including second-degree murder, which carries a mandatory life sentence with no chance of parole for 10 years; attempt to commit murder using a firearm and negligently performing a military duty imposed on him. He was found not guilty of the latter two charges.

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

http://www.cbc.ca/canada/story/2010/07/19/semrau-court-martial.html

 

[57Chevy]

From the Gazette:
Hickey announced a guilty verdict on the charge of disgraceful conduct, a charge laid under the National Defence Act.

The court was to reconvene later in the afternoon to consider Semrau's sentence in the case. Semrau faces a maximum of five years of incarceration, but the judge could impose a lesser penalty, including Semrau's dismissal from the Canadian Forces. link

          (Reproduced under the Fair Dealings provisions of the Copyright Act)

 

[40below]

From a legal POV, how can he possibly be convicted of disgraceful conduct if he was found not guilty of the actual acts (murder, attempted murder and negligent performance of duty) the acts for which, presumably, the disgraceful conduct conviction refer to?

 

[HavokFour]

Well I for one an glad he didn't get a life sentence.

I admit I didn't have much faith in the system.

 

[Gunner98]

From a legal POV, how can he possibly be convicted of disgraceful conduct if he was found not guilty of the actual acts (murder, attempted murder and negligent performance of duty) the acts for which, presumably, the disgraceful conduct conviction refer to?

Simple, if the panel may have decided that there was doubt about the living status of the casualty and decided he was likely dead or near death. Shooting rounds into the body could easily be considered - disgraceful conduct, as it covers a wide range of actions.

“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.”

 

[The Bread Guy]

Well I for one an glad he didn't get a life sentence.

To be clear, we still don't know what his sentence will be for disgraceful conduct, so it's not done quite yet.

This summary so far from the CF:

A military panel comprised of four Canadian Forces (CF) members has found Captain Robert Semrau guilty of disgraceful conduct in the shooting death of a wounded insurgent that occurred in Afghanistan in October 2008.

In summary, the military panel reached the following verdict:

Not guilty: Charge of Second-degree murder, contrary to Section 130 of the National Defence Act, pursuant to Section 235(1) of the Criminal Code;

Not guilty: Charge of Attempting to commit murder with a firearm (alternative to the Charge of Second Degree Murder) - contrary to Section 130 of the National Defence Act, pursuant to Section 239(1)(a.1) of the Criminal Code;

Guilty: Charge of Behaving in a disgraceful manner – contrary to Section 93 of the National Defence Act; and

Not guilty: Charge of Negligent performance of a military duty - contrary to Section 124 of the National Defence Act.

The sentence will be determined at a later date ....