Soldier sentenced for staying in bed during fight

[armyvern]

He pleaded guilty.

He's no doubt appealing on the grounds that the Presiding Officer was "too harsh" in meting out his sentence.  :

What's 21 days in Club Ed equivalent to in a civie detention facility (still not enough in this case)??

What I'd love to see happen at the appeal:

A decision that says the Presiding Officer's given sentence was too light.  >  Not like that's never happened before.  This man should NOT be in uniform any longer.

 

[PeptoBismarck]

Wow, I had no idea that the MILITARY 'legal' system was as corrupt and pussified as the civilian one. In their quest to be fair to all people, victims and criminals, they end up showing their complete disdain and disrespect for all those who are truly brave and valiant soldiers. IMHO, I would throw his CO into jail for 21 days for failing to put a bullet in his head when they were in the field.  :threat:

 

[armyvern]

Wow, I had no idea that the MILITARY 'legal' system was as corrupt and pussified as the civilian one. In their quest to be fair to all people, victims and criminals, they end up showing their complete disdain and disrespect for all those who are truly brave and valiant soldiers. IMHO, I would throw his CO into jail for 21 days for failing to put a bullet in his head when they were in the field.  :threat:

Wow. All I can say is wow; what a very professional statement that is.   :-\

 

[Sig_Des]

IMHO, I would throw his CO into jail for 21 days for failing to put a bullet in his head when they were in the field.  :threat:

Well, seeing as you're not in the military (and even if you were), I'll take this statement for what it's worth. Nada.

I'd suggest you avoid making statements like these in the future. While the actions of the MCpl disgust me, there are other ways to deal with it.

 

[George Wallace]

What amazes me it the fact that he doesn't seem to have served any time as of yet.  No doubt he will also get credited for any time served. 

Absolutely a disgrace......Both the 'actions' of a MCpl and the actions of the Court.  It is discusting that this cretin was also being considered for promotion to Sgt.  The rumblings about his actions have gone Forces wide.  No doubt another thing that will come of it, as in past 'controversial' cases, he will get a paid for and legal 'name change' to protect his 'innocence' after he has paid his 'dues'. 

What a friggin cowardly and conniving piece of work.

 

[RHFC_piper]

The rumblings about his actions have gone Forces wide.

If only they would throw the book at this solder thing.  Then he could be used as an example for those troops who fall asleep on shift during an Ex... or just don't follow orders to the fullest, no matter how minor. 

But now it seems this is just the kind of negative fuel needed to promote complacency; "If an MCpl can stay in bed in theater, during an attack, and only get a slap on the wrist, I'm sure I could stay in bed for PT and just get a stern talking to."

Time to set the example.  Throw the book at him.  I hope his appeal goes poorly.
But if it doesn't, I hope the guards and staff at Club Ed give him the worst 21 days of his life, and I hope it gets publicized throughout the CF.

No sympathy.

 

[Haggis]

This man should NOT be in uniform any longer.

I don't think he is.  I'm on leave right now, but according to a piece I read at work last week, this oxygen thief is already released and working in Ottawa.

 

[geo]

If he is released, the papertrail hasn't caught up.

 

[George Wallace]

.......... this oxygen thief is already released and working in Ottawa.

Do you know how scary that statement can be.  I have seen many cases where people have lost elections, or even been removed from a Government position while under a cloud of suspicion, and then been given a position in 'government' at a higher pay scale.  Definitely scary and a hint as to why we are in such a mess.

The defeated Liberal Member of Parliament for Renfrew/Nippissing was one such case.  Lost his seat, and then became a member of the PMO's office.  (During the Liberal's reign.)

 

[RHFC_piper]

Do you know how scary that statement can be.  I have seen many cases where people have lost elections, or even been removed from a Government position while under a cloud of suspicion, and then been given a position in 'government' at a higher pay scale.  Definitely scary and a hint as to why we are in such a mess.

Well... if politics are in his future, I can think of at least one politician who would harbour him... *cough* Taliban Jack *cough*  >


Either way, I hope, if he is working, he's doing something which won't affect peoples lives.

 

[the 48th regulator]

Man this would have made for a great laugh, if it appeared on mash though!

I am itching to say good on him, but that would not look professional.

hehehe, wake me up when the fire fight is over...just reach me the handset to the radio, and if you see the cot a rocking don't come a knockin'!

dileas

tess

 

[Haggis]

Do you know how scary that statement can be.  I have seen many cases where people have lost elections, or even been removed from a Government position while under a cloud of suspicion, and then been given a position in 'government' at a higher pay scale.  Definitely scary and a hint as to why we are in such a mess.

George, I found the piece I was referring to, above: http://www.thestar.com/News/Canada/article/241994

He is employed as an "image analyst" according to this.  Doesn't sound like a government job to me.

 

[darmil]

I read this on Friday standing at Service Battlion TN waiting to get G wagons for my packet.It was posted to the cork board I couldn't believe what I was reading.He should have been sorted out right there.Hope I never have to work with anybody like that.Pathetic

 

[BernDawg]

I read that article as him still in and he would be a photo tech or an Int type working in Ottawa.  His findings make no mention of release or "ex" MCpl so I think he's still in.
    As to his appeal I think it will go badly for him.  Just read the findings and see how lucky he really was.
http://www.forces.gc.ca/cmj/sentence/2007/2007cm4019.pdf

I hope he burns in hell for his actions.  >

 

[geo]

George, I found the piece I was referring to, above: http://www.thestar.com/News/Canada/article/241994

He is employed as an "image analyst" according to this.  Doesn't sound like a government job to me.

.... (hint - It's his trade....)

 

[ark]

A decision that says the Presiding Officer's given sentence was too light.  >  Not like that's never happened before.  This man should NOT be in uniform any longer.

Taken from the oral sentence (HER MAJESTY THE QUEEN v. MASTER CORPORAL P.P. BILLARD)

6. The prosecutor recommends that the principles of general and specific deterrence
and of rehabilitation should be applied in the determination of the appropriate sentence. The
prosecutor recommends a sentence of 10 to 21 days of detention. Defence counsel agrees that
the principles of specific and general deterrence apply in this case, but he does not agree that
rehabilitation is necessary. Your defence counsel points to your personnel evaluation reports
and to the letters from your commanding officers as proof that you have rehabilitated yourself
and that detention is not required to achieve this objective. Your counsel has suggested that
severe reprimand and a fine in an amount between $2,000 and $3,000, with a payment schedule
of $250 per month, would be appropriate. In the alternative, he suggests that, should the court
decide that detention is the appropriate punishment, any period of detention be suspended.

23. The court believes this sentence must focus primarily on general deterrence,
denunciation, and retribution. Your rehabilitation will also be assisted by the punishment I am
about to impose. I would have considered a more severe sentence than what I am about to
impose had it been proposed by the prosecution. Also, in the present case, the nature of your
interaction with a corporal at the time of the offence makes your conduct more reprehensible
than that of Sergeant Goodland.

Here is the complete transcript of the oral sentence:

http://www.forces.gc.ca/cmj/sentence/2007/2007cm4019.pdf

Has the prosecutor asked for a more severe punishment, the Presiding Officer would have probably opted for that.

 

[Scoobie Newbie]

Wouldn't that fall under Int Op?

 

[George Wallace]

Some interesting Legal facts there (http://www.forces.gc.ca/cmj/sentence/2007/2007cm4019.pdf):

The Supreme Court of Canada touched on the concept of discipline within the
Armed Forces at paragraph 60 of its 1992 decision R. v. Généreux. This passage, although
possibly misused in the past, is exactly on point today. The Supreme Court of Canada stated:
The purpose of a separate system of military tribunals is to allow the Armed Forces to
deal with matters that pertain directly to the discipline, efficiency and morale of the military. The
safety and well-being of Canadians depends considerably on the willingness and readiness of a
force of men and women to defend against threats to the nation's security. To maintain the Armed
Forces in a state of readiness, the military must be in a position to enforce internal discipline
effectively and efficiently. Breaches of military discipline must be dealt with speedily and,
frequently, punished more severely than would be the case if a civilian engaged in such conduct.


In MacKay v. Rippon, [1978] 1 F.C. 233, at page 235, the Federal Court stated:
Without a code of service discipline the armed forces could not discharge the function for
which they were created. In all likelihood those who join the armed forces do so in time of war for
motives of patriotism and in time of peace against the eventuality of war. To function efficiently
as a force there must be prompt obedience to all lawful orders of superiors, concern, support for,
and concerted action with their comrades and a reverence for and a pride in the traditions of
service. All members embark upon rigorous training to fit themselves physically and mentally for
the fulfilment of the role they have chosen and paramount in that there must be rigid adherence to
discipline.

 

[BernDawg]

It was posted on the WWW open internet.  It's all part of our transparency policies.  Check out the site lots of interesting stuff there.

(edit) I would imagine that's where the MSM got the story from in the first place considering the date of trial and the posting of results.

 

[geo]

Wouldn't that fall under Int Op?

Yup