Capt. Robert Semrau Charged With Murder in Afghanistan
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Semrau sentencing Monday
OTTAWA - A soldier who shot a dying Afghan on the battlefield will find out Monday whether he'll spend five years in prison.
Capt. Robert Semrau, 36, who shot a severely injured Afghan in what's been described as a mercy killing, was found guilty of disgraceful conduct last week. The maximum sentence under the National Defence Act is five years in prison.
The military panel who heard the case found him not guilty of second-degree murder, attempted murder and negligence to perform his military duty.
Before the sentencing begins, military judge Lt.-Col. Jean-Guy Perron will rule on a defence request to consider Criminal Code sentencing options for Semrau, who has two kids with his wife Amelie. Those provisions, like house arrest, don't exist under the National Defence Act.
Alain Pellerin, executive director of the Conference of Defence Associations, says he doesn't expect prison time.
Pellerin, who retired as a colonel after 36 years in the army, said he expects either a reprimand or dishonourable discharge for Semrau. He says the judge has been to Afghanistan and seen what it's like on the ground.
³In a war situation like that, the situation is not all either black or white. There is an element of grey in between. The fact they threw out the murder case I think means there was very much an element of doubt,² he said.
Pellerin served in the infantry the backbone of the fighting force and says he's watching the decision closely because of its implications for frontline soldiers.
More: http://www.torontosun.com/news/canada/2010/07/25/14822246.html
OTTAWA - A soldier who shot a dying Afghan on the battlefield will find out Monday whether he'll spend five years in prison.
Capt. Robert Semrau, 36, who shot a severely injured Afghan in what's been described as a mercy killing, was found guilty of disgraceful conduct last week. The maximum sentence under the National Defence Act is five years in prison.
The military panel who heard the case found him not guilty of second-degree murder, attempted murder and negligence to perform his military duty.
Before the sentencing begins, military judge Lt.-Col. Jean-Guy Perron will rule on a defence request to consider Criminal Code sentencing options for Semrau, who has two kids with his wife Amelie. Those provisions, like house arrest, don't exist under the National Defence Act.
Alain Pellerin, executive director of the Conference of Defence Associations, says he doesn't expect prison time.
Pellerin, who retired as a colonel after 36 years in the army, said he expects either a reprimand or dishonourable discharge for Semrau. He says the judge has been to Afghanistan and seen what it's like on the ground.
³In a war situation like that, the situation is not all either black or white. There is an element of grey in between. The fact they threw out the murder case I think means there was very much an element of doubt,² he said.
Pellerin served in the infantry the backbone of the fighting force and says he's watching the decision closely because of its implications for frontline soldiers.
More: http://www.torontosun.com/news/canada/2010/07/25/14822246.html
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Semrau's defence loses argument
GATINEAU, Que. — Capt. Robert Semrau's defence was handed a blow Monday when a military judge ruled softer sentencing provisions included in the Criminal Code but not in the National Defence Act, such as house arrest, are not a breach of the Charter of Rights and Freedom.
Semrau, 36, is the Canadian captain who was found not guilty of second-degree murder, attempted murder and negligence to perform his military duty last week for shooting a wounded and disarmed Afghan insurgent in October 2008.
But four fellow members of the Canadian Forces who acted as a jury of his peers found him guilty of disgraceful conduct for shooting the suspected Taliban in the chest, a charge that carries a maximum penalty of five years imprisonment. He could also be booted from the Canadian Forces.
Judge Jean-Guy Perron said there was no parallel to draw because no Canadian civilian could face similar charges in a civilian courtroom.
Semrau’s defence lawyers had argued the absence of numerous alternatives to incarceration forces military judges to issue “harsh” provisions and unduly emphasizes imprisonment.
But Perron dismissed the argument because he says incarceration is only one option available to the judge issuing a sentence.
Semrau's sentencing hearing begins Monday with testimony from one prosecution witness and three defence witnesses.
The father of two arrived in a Gatineau military courtroom accompanied by his wife, Amelie, his brother, Bill, and his parents.
GATINEAU, Que. — Capt. Robert Semrau's defence was handed a blow Monday when a military judge ruled softer sentencing provisions included in the Criminal Code but not in the National Defence Act, such as house arrest, are not a breach of the Charter of Rights and Freedom.
Semrau, 36, is the Canadian captain who was found not guilty of second-degree murder, attempted murder and negligence to perform his military duty last week for shooting a wounded and disarmed Afghan insurgent in October 2008.
But four fellow members of the Canadian Forces who acted as a jury of his peers found him guilty of disgraceful conduct for shooting the suspected Taliban in the chest, a charge that carries a maximum penalty of five years imprisonment. He could also be booted from the Canadian Forces.
Judge Jean-Guy Perron said there was no parallel to draw because no Canadian civilian could face similar charges in a civilian courtroom.
Semrau’s defence lawyers had argued the absence of numerous alternatives to incarceration forces military judges to issue “harsh” provisions and unduly emphasizes imprisonment.
But Perron dismissed the argument because he says incarceration is only one option available to the judge issuing a sentence.
Semrau's sentencing hearing begins Monday with testimony from one prosecution witness and three defence witnesses.
The father of two arrived in a Gatineau military courtroom accompanied by his wife, Amelie, his brother, Bill, and his parents.
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Wow, thanks for the support boss, way to leave a guy twisting in the breeze.
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" who said he represented the chain of command."
In other words, I've been told what to say and I don't have the parts to disagree...................
[the above is my 'take' on his words and has no basis in fact except my gut]
In other words, I've been told what to say and I don't have the parts to disagree...................
[the above is my 'take' on his words and has no basis in fact except my gut]
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I find it odd that they would call out the heavy artillery for a default charge. Perhaps the opinions of the company and battalion commanders were not so pleasing to the prosecution. Just a guess.
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Yeah, you just know senior officers are getting trampled in the stampede to put some distance between them and Capt Semrau. That's the REAL disgraceful conduct in this whole thing.
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Private testifies that Semrau was an ‘amazing’ leader
GATINEAU—Capt. Robert Semrau was an “amazing” leader who repeatedly risked his life for his soldiers, a Canadian army private, who served with him in Afghanistan, testified Monday at a court martial.
The testimony from Private Joseph Villeneuve rounded out the contradiction of a senior soldier convicted of disgraceful conduct for shooting a severely wounded unarmed Afghan insurgent.
Villeneuve described to the court martial how Semrau administered first aid to Afghan National Army soldiers as mortar rained down.
Villeneuve was called as a character witness at Semrau's sentencing hearing.
“From my experience he is a great leader, a great man,” he said, adding that he owed his life to Semrau.
Earlier Brigadier-General Denis Thompson told the hearing that Semrau deserves to be thrown out of the Canadian military so as to send other soldiers the message they can't take the law into their own hands.
Thompson, former Task Force Afghanistan commander, said Semrau’s conduct was “completely unacceptable” because he shot the Taliban fighter rather than administer first aid.
I was under the impression that the prosecution could prove that Semrau actually shot the taliban???
More here http://www.thestar.com/news/canada/article/840212--private-testifies-that-semrau-was-an-amazing-leader
GATINEAU—Capt. Robert Semrau was an “amazing” leader who repeatedly risked his life for his soldiers, a Canadian army private, who served with him in Afghanistan, testified Monday at a court martial.
The testimony from Private Joseph Villeneuve rounded out the contradiction of a senior soldier convicted of disgraceful conduct for shooting a severely wounded unarmed Afghan insurgent.
Villeneuve described to the court martial how Semrau administered first aid to Afghan National Army soldiers as mortar rained down.
Villeneuve was called as a character witness at Semrau's sentencing hearing.
“From my experience he is a great leader, a great man,” he said, adding that he owed his life to Semrau.
Earlier Brigadier-General Denis Thompson told the hearing that Semrau deserves to be thrown out of the Canadian military so as to send other soldiers the message they can't take the law into their own hands.
Thompson, former Task Force Afghanistan commander, said Semrau’s conduct was “completely unacceptable” because he shot the Taliban fighter rather than administer first aid.
I was under the impression that the prosecution could prove that Semrau actually shot the taliban???
More here http://www.thestar.com/news/canada/article/840212--private-testifies-that-semrau-was-an-amazing-leader
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It is as it always has been. There are a few people willing to do hard, dark things and there are the quail hearted that will point and make poo poo noises and frowny faces. Not because they really feel it was wrong, but because they hate that they couldn't do it themselves due to fear of consequences and personal impact. And since they know they could never be a peer to people with that much bravery, they chose to slink down with the other toadies who only demand uniform spinelessness as the price of membership.
Was the captain going to get whacked with something once this came out? Absolutely. No twists and turns for that one. But anyone acting like they are all personally shocked and indignant needs to check themselves in the mirror really hard. Perhaps a generous serving of "get over yourself" is in order?
And if anyone cares, everyone I've spoken to amongst the non-military citizenry all support Capt. Semrau for doing the right thing.
But sometimes the right thing to do is not going to be a good thing.
Was the captain going to get whacked with something once this came out? Absolutely. No twists and turns for that one. But anyone acting like they are all personally shocked and indignant needs to check themselves in the mirror really hard. Perhaps a generous serving of "get over yourself" is in order?
And if anyone cares, everyone I've spoken to amongst the non-military citizenry all support Capt. Semrau for doing the right thing.
But sometimes the right thing to do is not going to be a good thing.
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"The trial heard also evidence that Semrau told fellow officers after the shooting that he simply wanted to put a wounded and dying enemy fighter out of his misery"
Mr. Semrau,
If I had a job to offer you that required someone with the courage and humanity to do the right thing even though it may be considered the wrong thing I would be knocking on your door right now.
Toadies need not apply...................
Mr. Semrau,
If I had a job to offer you that required someone with the courage and humanity to do the right thing even though it may be considered the wrong thing I would be knocking on your door right now.
Toadies need not apply...................
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So no sentence today, or is it going late?
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40below said:
300, or at least that's how much I can do.
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Not a big poster here what so ever but every once in a while we see the time and place. Too many people have gotten wrapped around the good guy bad guy thing, as well as mercy killing. Think moral dilemma, Semrau had one. He could have done or ordered what we are trained to do. he did not and for that he is to be punished. He may be an honorable man to some but he neglected his duty. He will be given some mercy but he must and will be punished. You and I can only watch and pray he might be given the chance to redeem himself in the future. My simple 29 yrs and :2c:
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