Charges in Joshua Caleb Baker 2010 death

[Old Sweat]

The following story from the Ottawa Citizen is reproduced under the Fair Dealing provision of the Copyright act.


Two Canadian soldiers charged in death of colleague

Postmedia News June 29, 2011 8:30 PM

OTTAWA — Two Canadian soldiers have been charged with manslaughter in the death of Cpl. Joshua Caleb Baker.

In a statement released Wednesday, the Department of National Defence said that following an investigation by the Canadian Forces, Maj. Darryl Watts and Warrant Officer Paul Ravensdale face six charges and five alternate charges each in relation to the death of Baker and the injury of four other soldiers.

The incident occurred on a training range in Afghanistan on Feb. 12, 2010.

The 24-year-old Edmonton-based reservist died in an explosion during a "routine" training exercise at a range four kilometres north of Kandahar City.

Daniel Menard, who was then the commander of Canadian troops in Afghanistan, described the training at the time as "normal for soldiers in theatre" and "essential in helping them to maintain high levels on expertise."

The military was particularly tight-lipped about the death at the time.

On Wednesday, officials announced the charges against Watts and Ravensdale, which include manslaughter, four counts of unlawfully causing bodily harm and negligent performance of a military duty. In the alternative to manslaughter, the soldiers would be charged with the lesser offence of death by criminal negligence and in the alternative to unlawfully causing bodily harm, they would be charged with causing bodily harm by criminal negligence.

"It is alleged that the proper safety procedures were not followed during the training exercise. The case will now proceed through the military justice system," Defence Department officials said in a news release.

Following the incident in Afghanistan, the Canadian Forces National Investigation Service, the independent policing unit for the military, was called in to investigate the death and injuries.

Now that the charges have been laid, they will proceed through the military justice system, spokeswoman Capt. Karina Holder told Postmedia News. The charges will have to be approved and then may be sent to a court martial.

The officers face six charges and five alternate charges, meaning that the officers will not be charged under all 11.

"It is a serious charge and it's a tragic situation," Holder said. "Thankfully these types of charges are rare."

She said the last time the CFNIS laid a manslaughter charge was in 2007. Cpl. Matthew Wilcox was charged in the death of Cpl. Kevin Megeney. That court martial process is ongoing, Holder said.

Holder said Baker's family has been informed and requested privacy.

Baker's death was the first time in eight years that a Canadian was killed during a training accident in Afghanistan.

Fellow soldiers described Baker as a tough and strong natural leader with a "laugh rumoured to cure cancer."

Baker, who served with the Loyal Edmonton Regiment, was the 140th Canadian soldier and ninth reservist to be killed in Afghanistan. Now 157 soldiers have died.

Once regarded as weekend soldiers, the reservists now make up between 10 and 20 per cent of every rotation and perform many key jobs, as the regular forces have been stretched thin by repeated deployments in Afghanistan and Canada's military obligations elsewhere.


- mod edit to clean up thread title to parallel latest new charges -

 

[The Bread Guy]

The Canadian Forces National Investigation Service (CFNIS), the investigative arm of the Canadian Forces Military Police, today charged two Canadian Forces members for an incident that occurred on a training range in Afghanistan on February 12, 2010. The Officer in Charge, Major Darryl Watts, and the Range Safety Officer, Warrant Officer Paul Ravensdale, face six charges and five alternate charges each in relation to the death of Corporal Joshua Caleb Baker and the injury of four other soldiers.

Major Watts and Warrant Officer Ravensdale are each charged with the following:

• one count of manslaughter, contrary to section 130 of the National Defence Act (NDA), pursuant to section 236(B) of the Criminal Code of Canada (CCC). In the alternate, one count of death by criminal negligence, contrary to section 130 of the National Defence Act (NDA), pursuant to section 220(B) of the Criminal Code of Canada (CCC);
• one count of negligent performance of a military duty, contrary to section 124 of the National Defence Act;
• four counts of unlawfully causing bodily harm, contrary to section 130 of the National Defence Act (NDA), pursuant to section 269 of the Criminal Code of Canada (CCC). In the alternate, four counts of causing bodily harm by criminal negligence, contrary to section 130 of the National Defence Act pursuant to section 221 of the Criminal Code.

It is alleged that the proper safety procedures were not followed during the training exercise. The case will now proceed through the military justice system ....

Source:  CFNIS news release, 29 Jun 11

 

[211RadOp]

Just heard this on the news.

http://www.ctv.ca/CTVNews/TopStories/20110629/two-charged-in-death-of-cpl-joseph-baker-110629/

From CTV News

CTV.ca News Staff

Date: Wed. Jun. 29 2011 9:28 PM ET

Two soldiers are facing charges in connection with the death of another soldier during an incident on a training range in Afghanistan early last year.

The Canadian Forces National Investigation Service (CFNIS), the investigative arm of the Canadian Forces Military Police, said the two soldiers each face six charges, including manslaughter, in the death of Cpl. Joshua Baker.

The 24-year-old Edmonton native died on Feb. 12, 2010 during a training exercise in Kandahar city. The incident left four other soldiers injured.

Few other details were released about the circumstances surrounding Baker's death.

According to a news release issued by the CFNIS, Maj. Darryl Watts, who was the officer in charge at the time of the incident, and Warrant Officer Paul Ravensdale, the range safety officer, are each also charged with one count of negligent performance of a military duty, as well as four counts of unlawfully causing bodily harm.

"It is alleged that the proper safety procedures were not followed during the training exercise," the news release reads. "The case will now proceed through the military justice system."

 

[Fishbone Jones]

We will remind everyone that this is an open case and the accused deserve their day in court.

We won't have any speculation, rumour, innuendo or statements of (supposed) facts.

We'll let this unfold as we always do, as quiet professionals.

Milnet.ca Staff

 

[The Bread Guy]

We will remind everyone that this is an open case and the accused deserve their day in court.

We won't have any speculation, rumour, innuendo or statements of (supposed) facts.

We'll let this unfold as we always do, as quiet professionals.

Milnet.ca Staff

All that said, the latest.....

The Canadian Forces National Investigation Service (CFNIS) yesterday laid additional charges in relation to the death of Corporal Joshua Baker and the injury of four other soldiers on a training range in Afghanistan in February of 2010. Major Christopher Lunney, who at the time was the Officer Commanding Stabilization Company A, a sub-unit of the Provincial Reconstruction Team in Kandahar, is charged with the following:

- three counts of Negligent Performance of a Military Duty, contrary to section 124 of the National Defence Act;
- two counts of Breach of Duty, contrary to section 130 of the National Defence Act, pursuant to section 80 of the Criminal Code.

It is alleged that range safety procedures were improperly applied in relation to the planning and execution of activities on the range that day.

In June of 2011, the CFNIS charged two of Major Lunney’s subordinates- Major (then Captain) Darryl Watts and Warrant Officer Paul Ravensdale, with six charges and five alternate charges each, the most serious of which was Manslaughter. Their cases are currently proceeding through the military justice system.

“The CFNIS conducted an exhaustive investigation into the events that occurred on the range that day in Afghanistan, and these charges reflect the seriousness with which the Canadian Forces regard weapons safety,” said Lieutenant-Colonel Robert Delaney, Commanding Officer of the CFNIS ....

CFNIS news release, 12 Jan 12

 

[OldSolduer]

All that said, the latest.....CFNIS news release, 12 Jan 12

Chris Lunney is a friend of mine. He's mentored young officers and been there, done that. Has several t-shirts. Damn what a way to find out. 

 

[The Bread Guy]

Bumped with the latest - a reminder:  Under Canada's Charter of Rights and Freedoms, "any person charged with an offence has the right .... to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal"

Major Christopher Lunney will face a General Court Martial commencing September 13, 2012, in relation to the death of Corporal Joshua Baker and the injury of four other soldiers on a training range in Afghanistan in February 2010.

When:            September 13, 2012 at 9:30 a.m.

Where:            Asticou courtroom (Room 2601), 241 de la Cité-des-Jeunes boulevard, Gatineau, Quebec

Maj. Lunney, who at the time was the Officer Commanding Stabilization Company A, a sub-unit of the Provincial Reconstruction Team in Kandahar, is charged with the following:

    three counts of Negligent Performance of a Military Duty, contrary to section 124 of the National Defence Act;
    two counts of Breach of Duty, contrary to section 130 of the National Defence Act, pursuant to section 80 of the Criminal Code.

It is alleged that range safety procedures were violated in relation to the planning and execution of activities on the range that day.

A General Court Martial is composed of a military judge and a panel of five members.

In June of 2011, the Canadian Forces National Investigative Service charged two of Major Lunney’s subordinates—Major (then Captain) Darryl Watts and Warrant Officer (retired) Paul Ravensdale—with six charges and five alternate charges each, the most serious of which was Manslaughter. In February 2012, the Director of Military Prosecutions preferred charges against each member; however, their courts martial have not yet been convened.

 

[The Bread Guy]

Shared in accordance with the "fair dealing" provisions, Section 29, of the Copyright Act.

A teary military officer has pleaded guilty to negligent performance of duty over a 2010 training incident that killed a reservist and injured four others in Afghanistan.

Four other charges were dropped by a military prosecutor.

As Maj. Christopher Lunney took the stand at his court martial to offer an apology, he had to stop several times to compose himself.

Cpl. Josh Baker died on a training range northeast of Kandahar and four others were wounded in February 2010.

An uncontested statement of facts entered at Lunney's trial says he failed to ensure a properly qualified officer was in charge of the exercise that day.

Two other soldiers still face courts martial on charges of manslaughter in relation to Cpl. Baker's death.

The Canadian Press, 13 Sept 12

Edited to add CF news release on sentencing:

Commander Peter Lamont, a Canadian Forces military judge, has sentenced Major Christopher Lunney to a reduction in rank to Captain and a severe reprimand in relation to the death of Corporal Joshua Baker and the injury of four other soldiers.

The incident occurred on a training range in Afghanistan in February 2010. At the time, Maj. Lunney was the Officer Commanding Stabilization Company A, a sub-unit of the Provincial Reconstruction Team in Kandahar.

General court martial proceedings against Maj. Lunney began on September 13, 2012, in Gatineau, Quebec. At the court martial, Maj. Lunney pleaded guilty to negligent performance of a military duty. Two other charges of negligent performance of a military duty and two charges of breach of duty with respect to explosives were withdrawn ....

 

[vonGarvin]

Major Lunney is a friend of mine.  This must have been terribly difficult for him....

 

[ArmyRick]

Major Lunney was my platoon commander back in the nineties. Damn. Will wait and see what happens.

 

[vonGarvin]

I just dead that he received a severe reprimand and a reduction in rank to captain.

 

[Redeye]

I just dead that he received a severe reprimand and a reduction in rank to captain.

Yes.

He plead guilty, accepted the responsibility, and I think that's pretty much the picture of honour and integrity. He made a grievous mistake but did the right thing in the aftermath. I hope it brings some closure to the family, and I'm pleased that in the wake of the horror, he set a strong example for how an officer should act.

 

[Armymedic]

Yes.

He plead guilty, accepted the responsibility, and I think that's pretty much the picture of honour and integrity. He made a grievous mistake but did the right thing in the aftermath. I hope it brings some closure to the family, and I'm pleased that in the wake of the horror, he set a strong example for how an officer should act.

Just read about this in the news. I could not agree more.

 

[GAP]

A Vancouver Sun article..........

Teary officer pleads guilty in 2010 training-range death in Afghanistan
By Bruce Cheadle, The Canadian Press September 13, 2012
Article Link

GATINEAU, Que. - A decorated Canadian Forces officer was hailed by a military prosecutor for his "integrity and honour" Wednesday even as he pleaded guilty to negligent performance of duty.

Maj. Christopher Lunney, 42, had to pause to compose himself several times as he told a court martial of his shock and remorse over the friendly-fire incident in Afghanistan that took the life of Cpl. Josh Baker and wounded four others.

"I can offer no words of regret or apology that will address their loss," Lunney said of the Baker family.

Lunney's was the first of three courts martial resulting from the February 2010 training incident at a range northeast of Kandahar, when an explosive Claymore mine packed with 700 steel balls raked a Canadian Forces platoon.

The agreed statement of facts entered with his guilty plea may hint at the defence that will be mounted when two other soldiers under Lunney's command are tried on charges of manslaughter in relation to Cpl. Baker's death.

The court martial heard that the reservists involved in the incident "had been validated and declared operationally ready for deployment" to Afghanistan, but that they had received no training with the C19 explosive, also known as a Claymore, that killed Cpl. Baker.

The court martial also heard that, unbeknownst to Lunney, the captain leading the platoon training that day — who has since been promoted to major — had no training or qualifications on the C19, and in fact had never used a Claymore before the deadly explosion.

Lunney's negligence was in failing to ensure that Capt. Darryl Watts was properly qualified, something the major had assumed because of Watts' rank at the time.

Four other charges against Lunney were dropped.

"What transpired that day in Afghanistan was an avoidable incident," Lunney's civilian lawyer, Phillip Millar, told the court martial, adding there were "triable issues" that could have been mounted in his client's defence.

Instead, Lunney had instructed his lawyer that "the buck stops with me."

Cmdr. Peter Lemont, the presiding judge, accepted a joint sentencing agreement that will see Lunney demoted to captain and receive a severe reprimand.

The military prosecution in its sentencing submission noted the seriousness of the incident and its tragic consequences and said Lunney's demotion was needed for general deterrence.

"Maj. Lunney's words make it clear that specific deterrence is not at issue here," added Maj. Anthony Tamburro.

The prosecutor also praised Lunney's swift action after the incident, co-ordinating the rescue efforts and then securing the scene for military investigators, including collecting witness statements, photo and video evidence and waiving his own right to counsel.

"Major Lunney has acted with integrity and honour in the aftermath," said Tamburro, as Lunney's wife sat in the near empty court.

Lunney has served as a Canadian Forces liaison with families of slain soldiers, and delivered nine Canadian flags from their caskets during the course of his duties.

"I have seen that sorrow first hand," Lunney told the hearing, his voice cracking.

He also survived a bomb blast that destroyed his Iltis vehicle in Bosnia in 1994, and testified he knows the mental and physical strength required to recover.

Six weeks before the training incident, the stabilization force to which Lunney was attached suffered a deadly roadside bomb blast, killing four Canadians, including journalist Michelle Lang.

Stripping Lunney of his major's rank, said his lawyer, is no small matter.

It's a rank, Millar told the court, Lunney achieved "literally, not figuratively, through his own blood, sweat and tears and that of his family."
end

 

[vonGarvin]

I'd expect no less of Captain Lunney.  He is indeed a man of honour.  As stated previously in this thread, he has accepted his responsibility.

This part is telling of his character:

"What transpired that day in Afghanistan was an avoidable incident," Lunney's civilian lawyer, Phillip Millar, told the court martial, adding there were "triable issues" that could have been mounted in his client's defence.

Instead, Lunney had instructed his lawyer that "the buck stops with me."

A shitty situation, but I think that Captain Lunney has demonstrated strong leadership.  My  :2c:

 

[Maxadia]

I glad to see that they are also stopping with a demotion in rank, and a severe reprimand, although there may be many who think it is not enough.  When you have a good troop like this, it's always a good idea to do your best to retain them in the forces.

 

[dangles]

I glad to see that they are also stopping with a demotion in rank, and a severe reprimand, although there may be many who think it is not enough.  When you have a good troop like this, it's always a good idea to do your best to retain them in the forces.

This is a terrible unfortunate situation. But I am curious as to what a severe reprimand entails?

 

[painswessex]

Great honor from the Capt. I do believe that a severe repremand is a written letter etc. that is permanently on his file.

I do agree that there are some people that would say it is not enough. As a former member this makes me proud to hear that he took responsibility for his actions. I would serve under this officer any day. Much respect for him.

 

[OldSolduer]

I know Chris personally. He is a true gentleman and a fine officer. He did the right thing, as opposed to others have done in the past.


Chris 

 

[Retired AF Guy]

The latest update from the Winnipeg Free Press. Reproduced under the Fair Dealings Section of the Copyright Act.

Court martial for Calgary reservist begins after fatal training accident in Afghanistan

By: Bill Graveland, The Canadian Press
Posted: 3:01 AM

CALGARY - The lawyer for a Canadian soldier charged after a landmine explosion killed a colleague on a training range in Afghanistan says his client isn't guilty of a crime. But the prosecution contends that Maj. Darryl Watts's supervision of the range on the day in question was negligent to the point that criminal charges are justified. Watts, a Calgary reservist, faces a court martial this week on a charge of manslaughter and five other offences.

Cpl. Joshua Baker, 24, died on Feb. 12, 2010 at a range four kilometres northeast of Kandahar city when an explosive Claymore mine packed with 700 steel balls raked a Canadian Forces platoon. Four other soldiers were wounded. Watts is also charged with one count of negligent performance of a military duty and four counts of unlawfully causing bodily harm. He was a captain at the time and the officer in charge the day of the accident.

"My personal view is that Darryl Watts didn't do anything wrong here and certainly didn't do anything criminal, and hopefully the evidence will bear that out," said his civilian lawyer, Balfour Der, in an interview with The Canadian Press.

"Legally, it's a very interesting case in that they've charged my client with manslaughter for a negligent act," he said. "There aren't very many cases where the prosecution charges manslaughter and then relies on negligence. Usually the charge is criminal negligence causing death."

The court martial will be similar to regular court proceedings, except the judge will be a senior military officer and the jury will be made up of five other officers who will determine whether Watts is guilty.
"What the prosecution is alleging is the way that range was conducted on the day in question was negligent to the point of attracting criminal liability," explained Maj. Tony Tamurro, the prosecutor from the Office of the Judge Advocate General.

"No one is alleging anyone here intentionally committed an offence," he said.

"What we're saying is that their standard was such a departure from the norm that it attracts criminal liability. So from that point of view, it's not an intentional offence."

If convicted, Watts could be sentenced to prison time in the Canadian Force's detention barracks in Edmonton or in a regular correctional facility. Lesser punishments can include dismissal from the military, a reduction in rank or a fine.

Two other Canadian Forces personnel were charged following the accident. Warrant Officer Paul Ravensdale, who was the safety officer at the firing range, faces identical charges to Watts. Last September, Maj. Christopher Lunney, who had been leading the platoon on the day of the explosion, pleaded guilty to negligent performance of duty while four other charges were dropped. He was demoted to captain and received a severe reprimand.

Article Link