# Lt.-Col charged with assaulting civilian



## X-mo-1979 (4 Apr 2008)

A senior military officer who was found guilty of nude skating in a public place is facing a fresh charge of assaulting a civilian in Belgium. 

Lt.-Col Gary Szczerbaniwicz is scheduled to appear in Toronto for a court martial this month on a charge of assault causing bodily harm. 

The Department of National Defence will not release any more details of the incident until the hearing on April 15. 

According to the charge sheet for the previous unrelated incident, Szczerbaniwicz skated naked at the Glacier Gardens Arena in Comox, B.C, on Jan. 19, 2001. He was initially charged along with two others with committing an indecent act, but that charge was later dropped. 

DEFENCE ACT FINE 




He pleaded guilty to a charge of "an act to the prejudice of good order and discipline" under the National Defence Act and was fined $500. 

At the time of the first incident, when the trio went streaking on ice after an old-timers hockey tournament, Szczerbaniwicz was the commanding officer of 407 Squadron, which operates the Aurora aircraft maritime patrol well-known for drug and migrant boat surveillance. 

Retired colonel and military law expert Michel Drapeau said even though the alleged offence for the current charge took place in Belgium, Drapeau said Canadian military law is "portable" to other countries. Witnesses from Belgium will likely travel to Canada for the court martial, he said


http://ottsun.canoe.ca/News/National/2008/04/04/5188536-sun.html


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## Yrys (4 Apr 2008)

I'm not sure "portable" is the right word. Laws of the land apply to that land and aren't exportable,
or so I was teach in a laws course.

Maybe "will be apply" would have been more appropriate.


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## Rodahn (4 Apr 2008)

Yrys said:
			
		

> I'm not sure "portable" is the right word. Laws of the land apply to that land and aren't exportable,
> or so I was teach in a laws course.
> 
> Maybe "will be apply" would have been more appropriate.



When serving in Germany we were/are subject to the laws of the host country, Canadian law, and the Code of Service disipline. Therefore triple jeopardy so to speak.

Though the host country normally defers such cases to the military.


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## Eye In The Sky (4 Apr 2008)

Not the best image for a Senior Officer to portray now is it??

However Section 132 should apply:

http://www.admfincs.forces.gc.ca/qr_o/vol2/ch103_e.asp#103.615


Yrys, the NDA certainly covers this.  You could start here:  http://www.admfincs.forces.gc.ca/qr_o/vol2/tofc102_e.asp   ;D


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## lone bugler (4 Apr 2008)

I won't make any critical comments.... for now, innocent until proven guilty but this puts the CF's image at risk for sure


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## garb811 (4 Apr 2008)

Rodahn (aka eye of newt) said:
			
		

> When serving in Germany we were/are subject to the laws of the host country, Canadian law, and the Code of Service disipline. Therefore triple jeopardy so to speak.
> 
> Though the host country normally defers such cases to the military.


In most cases where we have a long term/permanent CF presence, a SOFA (Status of Forces Agreement) is negotiated with the host government with one of the key points being that our members will be refered to the CF Military Justice system for prosecution unless the SOFA is specifically waived in an individual case.  This is why you had CF members being charged and convicted in Courts Martial of sexual assault, murder etc in Germany during 4 CMBG days even though these offences could not be tried by Courts Martial in Canada at the time.


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## Rodahn (5 Apr 2008)

garb811 said:
			
		

> In most cases where we have a long term/permanent CF presence, a SOFA (Status of Forces Agreement) is negotiated with the host government with one of the key points being that our members will be referred to the CF Military Justice system for prosecution unless the SOFA is specifically waived in an individual case.  This is why you had CF members being charged and convicted in Courts Martial of sexual assault, murder etc in Germany during 4 CMBG days even though these offences could not be tried by Courts Martial in Canada at the time.



Not arguing the point about the SOFA, but as you also point out "Unless waived". For the most part I was trying to point out that we as military when serving in a country other than ours, we must abide by 3 different set of rules. And must act accordingly...  

I know for a fact that we had a member charged under Muslim law regarding drunkenness , (during the first Gulf war) and he was extremely lucky to have that matter deferred to military court. But this was based upon the whim of the local court, and could have ended up much worse for them.


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## ReconWO (5 Apr 2008)

OK its fine to sit and discuss SOFA and the NDA, hell lets throw in the CCC. Bottom line is this. We (CF) let the member get away with it once before, wow a 500 dollar fine!!  How about dismissal from the CF!!! He is a LCol, was a CO for a unit does "Lead by example" fall into anyones mind here? 

Charge, fine and fire the sap. Right now we don't need idiots like this in our Military, let alone acting as an ambassador to our country. We have enough issues to deal with in the CF today. The last thing we need is a voyeuristic LCol making us look like unprofessional ass clowns.  Imagine if it was a Pte/Cpl or heaven forbid a Snr NCO!!! His/her goose would be cooked!! 

Just my two cents


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## Eye In The Sky (5 Apr 2008)

Without knowing the details of the assault?  He hasn't been found guilty of an offense yet and I am pretty sure the CCC doesn't apply as it did not happen on Canadian soil.


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## dapaterson (5 Apr 2008)

Eye in the Sky: CCC does apply under article 130 of the National Defence Act.


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## Eye In The Sky (5 Apr 2008)

Yes, I know that but...its actual a charge under the NDA not the CCC isn't it?


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## Michael OLeary (5 Apr 2008)

ReconWO said:
			
		

> Imagine if it was a Pte/Cpl or heaven forbid a Snr NCO!!! His/her goose would be cooked!!



No, we would be seeing posts declaring "innocent until found guilty" and the thread would be locked except for the addition of factual reports from subsequent news stories (like we are with regard to an ongoing trial of three soldiers).  So, in that vein, we're done here until new evidence comes to light.

Milnet.ca Staff


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