Capt. Robert Semrau Charged With Murder in Afghanistan

[vonGarvin]

Soldier's case 'doesn't smell right'
From Vancouver, Capt. Semrau's only sibling said he is distraught over the serious charge hanging over his brother, but his family is pulling together in a circle of silence, reluctant to interfere in an unprecedented criminal investigation for Canada's military in Afghanistan.

Best advice I've heard on this deal yet.

 

[dapaterson]

Was there really a delay? How long dose it take for after action reports to be written and then move up the chain of command? Could the mid tour leaves delay the process? Some people are hinting at a cover up, but could it just be normal bureaucratic friction?

Or, mroe likely, NIS has been looking at it for a while, once they determined the significance of the issue they raised it to the HQ in theatre (they are not under the NCE - supported by, but independent).  Which is precisely how the system should work - investigation without interference, investigators pass along information when something significant will occur.

Looks to me as if the system worked as it should (process wise; I have no data about the information fed into or conclusions coming out of that process).

 

[tomahawk6]

My favorite US milblogger has posted about this case.

http://www.blackfive.net/main/2009/01/canadian-soldie.html#comments

Alternative Title:  Is NCIS's Agent Fox on this case?

The Canadian military police are charging Captain Semrau with murder.  Details are below.  Any suggestions of how we can help the Captain, please put in the Comments.

 

[chris_log]

I just checked out the facebook group supporting this guy....

I've got to say that it has to be the dumbest thing I've seen, and especially considering that there are a number of CF members who are in that group. To claim that he is being unfairly charged is as stupid as claiming he is guilty. I dunno, it just seems like that last thing we should be doing is stubbornly closing ranks around one of our own without full details that tell prove him guilty or innocent. CF members have no business being part of an online group (considering your internet persona can and will come back to haunt you) that looks like it is seeking to interfere/contradict an ongoing investigation. 

 

[zipperhead_cop]

I have no specific information about this case beyond what the media has given us.  I am engaging in pure speculation. This post is so nonfactual, you probably shouldn't even read it.

I think the general sentiment from those folks is that it is entirely possible that the Army had a nonlinear, tough case to look at, but rather than suffer the "negative optics" of what someone (read: the MSM) could construe as a cover up, they chuck the good Captain to the wind and say "well, the system will sort it out".  That protects everyone else from being touched by it.  So if four years from now, if he is found not guilty he can go back to pick up the pieces of his shredded life and career and resume being a hard working, dedicated soldier.  Then the race to get to say first "see, the system worked!" will be on.   
Or it was a bad shoot and he will get pinned for it.  We'll see. 

 

[Bruce Monkhouse]

I know what my money is on......

 

[Nfld Sapper]

Media Advisory
Custody hearing to take place for charged Canadian Forces member
MA-09.001 - January 5, 2009

PETAWAWA, ON – A Custody Hearing will be held at Canadian Forces Base (CFB) Petawawa, on Tuesday, January 6, 2009, at 1:30 p.m., for Captain Robert Semrau, a CF member charged on December 31, 2008, by the Canadian Forces National Investigation Service (CFNIS) with an offence relating to the death of a presumed insurgent in the Helmand Province of Afghanistan on or about October 19, 2008.

Captain Semrau is currently in Military Police custody at CFB Petawawa. The purpose of the hearing is to determine if Captain Semrau will remain in custody.

Captain Semrau was charged with one count of second-degree murder, contrary to Section 130 of the National Defence Act, pursuant to Section 235(1) of the Criminal Code. Captain Semrau is accused of shooting, with intent to kill, an unnamed male person.

As the matter is now proceeding in accordance with the Code of Service Discipline, it would be inappropriate to comment further at this time.

-30-

Note to Editors/ News Directors: :
Tomorrow’s Custody Hearing will begin at 1:30 p.m. at Building L106, CFB Petawawa.

The hearing is open to the media and the public, however electronic recording devices and photographic equipment are not allowed within the court room.

The Presiding Judge for this public hearing will be LCol L.V. d'Auteuil, with the Prosecution represented by Major Marylene Trudel and the accused represented by Major Steve Turner.

The contact person for logistical information is Ms. Daphny Gebhart-Turcotte,
Cell: (613) 312-7182.

QR&O 105.18 Review of Report of Custody
http://www.admfincs.forces.gc.ca/qro-orf/vol-02/chapter-chapitre-105-eng.asp#cha-105-18

Biography of Lieutenant-Colonel Louis-Vincent d'Auteuil, Military Judge
http://www.forces.gc.ca/cmj/biosDauteuil_e.asp

 

[Nfld Sapper]

Custody hearing begins for Canadian soldier charged in Afghan killing
Last Updated: Tuesday, January 6, 2009 | 2:33 PM ET
CBC News

A Canadian Forces captain charged in the death of an unarmed man in Afghanistan is attending a hearing at an eastern Ontario base to determine whether to release him from custody.

Robert Semrau faces one count of second-degree murder in the shooting death of a presumed insurgent in Afghanistan's Helmand province in October.

Tuesday's hearing at Canadian Forces Base Petawawa will determine whether Semrau will continue to be held in military police custody on the charge while awaiting trial. If convicted, he faces 25 years in prison.

Semrau had no comment as he made his way inside for the hearing.

At the time of the shooting, Semrau, originally from Pembroke, Ont., was among a group of Canadian soldiers mentoring Afghan soldiers in Helmand province.

In October, Afghan soldiers were defending the Helmand capital, Lashkar Gah, from a prolonged attack by insurgents. The soldiers were being supervised by Canadian military mentors with NATO's Operational Mentoring and Liaison Team, and were backed up by British forces.

Military officials have said the death of the man allegedly happened "on or about" Oct. 19 in Helmand.

Canadian military officials were made aware of the allegations on Dec. 27, and notified the Canadian Forces National Investigation Service, which then began an investigation.

Canada has about 2,500 soldiers in Afghanistan, mostly based in the south around Kandahar. Neighbouring Helmand province is largely patrolled by British troops.

 

[Edward Campbell]

And there is this, reproduced under the Fair Dealing provisions (§29) of the Copyright Act from today’s Globe and Mail web site, that has some details of the alleged incident:
--------------------
http://www.theglobeandmail.com/servlet/story/RTGAM.20090106.wsemrau0106/BNStory/National/home

Semrau makes military court appearance

STEVEN CHASE

Globe and Mail Update
January 6, 2009 at 3:12 PM EST

PETAWAWA, Ont. — Captain Robert Semrau is accused of killing a severely-wounded Taliban insurgent last October in the Afghanistan province of Helmand, a military court heard today as the Canadian soldier applies to be released from jail while awaiting trial on a charge of second-degree murder.

The 35-year-old army captain was commanding soldiers in the British-controlled area On Oct. 19, 2008, when the soldiers and Afghan forces were ambushed by Taliban insurgents, the military court heard from a statement issued by the Crown prosecutor.

Air support from a United States helicopter helped rout the attack and the Canadians discovered a critically-wounded insurgent after the battle was over.

The insurgent's wounds were deemed too severe to be treated in the battlefield and his rifle was taken away.

Captain Semrau was the only person standing near the wounded insurgent when two shots rang out and the enemy combatant was found dead, the court heard.

One unnamed witness has testified to military investigators they saw Captain Semrau firing at the insurgent, prosecutor Major Marylene Trudel said. She said the Crown will assert that Captain Semrau fired both shots.

The body of the insurgent was left behind and never recovered.

Captain Semrau is currently awaiting a decision on his application to be released from custody while awaiting trial. Both the defence and the Crown prosecutor have agreed that he should be released under a set of conditions.

More to come
------------------


It’s been a long, long time since I had anything at all to do with the military justice system and I never was involved in anything as serious as this; can a lawyer tell us if Capt. Semrau has a real, provable crime for which to answer? Where’s the body; who says there’s a dead person?

 

[Redeye]

Hot off the presses:

http://www.cbc.ca/canada/story/2009/01/06/semrau-petawawa.html

Canadian soldier accused of killing insurgent following ambush: lawyers
Last Updated: Tuesday, January 6, 2009 | 3:22 PM ET Comments64Recommend34CBC News
New details were revealed Tuesday about a Canadian soldier charged in the death of an unarmed man in Afghanistan.

Defence and prosecution lawyers released a joint statement of circumstances about Robert Semrau's case at a hearing at Canadian Forces Base to determine whether to release him from custody.

Semrau, originally from Pembroke, Ont., faces one count of second-degree murder in the shooting death of a presumed insurgent in Afghanistan's Helmand province in October.

According to the statement, on Oct. 19, Semrau was out on a mission with a small team of Afghan soldiers he was helping to command as part of a mentoring program.

The statement says the group was ambushed by Taliban insurgents, but managed to regain control with the help of U.S. air support.

Soldiers with the Afghan National Army later discovered a wounded insurgent on the ground. His injuries were too apparently too severe for him to be helped. The man's rifle was taken away by Afghan soldiers.

According to the statement, Semrau was then left alone with the injured insurgent and two shots were heard. An unnamed witness said he saw Semrau shoot the Taliban insurgent.

Both the Crown and prosecution have recommended that Semrau be released with conditions that he live with his family and continue working on the base. The judge is expected to make his decision later Tuesday afternoon.

The trial is unlikely to take place until late 2009. If convicted, Semrau could face 25 years in prison.

Semrau, who attended the hearing with his wife and seven-month-old daughter, had no comment when he made his way inside for the hearing.

Canadian military officials said they were made aware of the allegations on Dec. 27, and notified the Canadian Forces National Investigation Service, which then began an investigation.

Canada has about 2,500 soldiers in Afghanistan, mostly based in the south around Kandahar. Neighbouring Helmand province is largely patrolled by British troops.

 

[dapaterson]

It’s been a long, long time since I had anything at all to do with the military justice system and I never was involved in anything as serious as this; can a lawyer tell us if Capt. Semrau has a real, provable crime for which to answer? Where’s the body; who says there’s a dead person?

There's allegedly at least one witness; there may be other footage from surveillance platforms or aircraft that could establosh the presence of an individual who could be the presumed victim in the area; others may be able to establish the presence of such an individual and describe other actions taken in that area at that time.

Not the easiest case ever to prosecute (no body); nor the most difficult (at least one witness).


The Criminal Code does state:

232. (1) Culpable homicide that otherwise would be murder may be reduced to manslaughter if the person who committed it did so in the heat of passion caused by sudden provocation

In that case, sentencing would be:

236. Every person who commits manslaughter is guilty of an indictable offence and liable

(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(b) in any other case, to imprisonment for life.

However, there is still a great deal to be resolved in this case, and still a tremendous amount that has not been disclosed.

 

[dapaterson]

On further reflection, I'll make a prediction:  Late April or early May trial, Guilty plea, 4 years imprisonment (suspended)


Capt Semrau will plead guilty to manslaughter, citing "heat of passion" during the TIC in the agreed statement of facts.  A joint submission for sentencing will be submitted (both the prosecution and defence in agreement), suggesting this case warrants the minimum punishment; in this case, manslaughter with a firearm, it would be four years imprisonment.  The joint submission would also recommend that the sentence be suspended (which a military tribunal may do, IAW s 215 of the NDA).

The court, having been spanked by the Court Martial Appeal Court in the past for once going against a joint submission, will grudgingly agree.  (See Castillo v R, CMAC-468, http://www.cmac-cacm.ca/decisions/CMAC-468_e.shtml)

Given the time it will take to schedule the trial, and the time the lawyers will need to negotiate and write their submissions, I'd expect this to unfold in late April / early May.

 

[Scoobie Newbie]

Its not like the Taliban ever ditched wpns in the past

 

[McG]

Its not like the Taliban ever ditched wpns in the past

I'm not sure how this is relevant to the senario described.  The event as described does not question that the individal was a Taliban fighter.  He was a Taliban fighter.  He was a casualty and his weapon was removed by ANA.  He would have been "hors de combat" and therefor protected by the laws of armed conflict.

... of course, that is based on the events as described in the press.  Things on the ground could have been different.

 

[Thompson_JM]

Things on the ground could have been different.

For the sake of the Captain I hope so.

 

[Infanteer]

I personally have no sympathy for the deceased...

Irrelevant.

Arguably according to CTV the wounded (suspected)Insurgent was going to die anyway...

http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20090106/soldier_hearing_090106/20090106?hub=TopStories
"...and it was determined that his injuries were untreatable..."

whats more humane? putting him out of his misery, or letting him die like the animal he is?

Again irrelevant.  As MCG said, the information presented suggests he was hors d'combat and thus protected from use of force by soldiers under Canadian Military Law.  Mercy killings are not permitted - for one soldiers are not doctors and can't make legitimate calls on survivability.  Although in many cases it may be obvious, it doesn't matter - there is precedence with this (although in US law, but precedence in "The Long War" none-the-less) with an American Soldier being charged for putting out some guy with his guts laying all over the place.

Again, as MCG says, this is only sketchy details presented to the media - I'm waiting for the detailed facts to present themselves.

 

[Edward Campbell]

Let's not speculate. Remember that a lot of outsiders, including media people, read Army.ca; some of them are looking for controversy.

Capt Semrau has competent military counsel and he can, of course engage good civilian lawyers, too.

There is time, now, for the 'system' to decide if there is, indeed, a case to be answered and how it should proceed. There are many legal protections for accused persons. I am confident that Capt Semrau will be able to make use of them all.

Good order and discipline require that unusual incidents be investigated and that our legal processes be used to resolve them, as appropriate. Let us allow our system to do its work.

Some members here know Capt Semrau and others have pretty strong views, informed by their own experiences in combat, on the incident. As Infanteer said that's all irrelevant. We don't know the details so we have nothing useful to offer. Our opinions about Capt Semrau's character and the circumstances in which he found himself are just that: opinions, and they have no real value to Capt Semrau or the Chief Military Judge.

Since we have little useful to say I suggest we say little.

 

[McG]

Since we have little useful to say I suggest we say little.

And this suggestion will be enforced.

Cheers,
The Staff

 

[1feral1]

The bare basic facts are now out.

What more can I say.

Time to let the legal system run its course.

OWDU

 

[The Bread Guy]

....(not to mention potentially detrimental, given ERC's wise caveat above) - even the prosecutor admits, if quoted correctly by the Canadian Press, the case is a work in progress (highlights mine)....

....Semrau's lawyer, Maj. Steve Turner, said the agreed statement of circumstances is not the final word in what is a continuing investigation.  While the Crown contends that Semrau fired the two shots that were heard by witnesses, Turner told the court "the defence theory, of course, will be different."  The case appears far from open and shut.  Military prosecution lawyer Maj. Marylene Trudel noted that military prosecutors have not yet even determined whether there is a reasonable prospect of conviction, and said the charges could change as the investigation progresses.  "We're still a step behind that process," she told the court in arguing for Semrau's release pending trial....