Charges in Joshua Caleb Baker 2010 death

[Tibbson]

This from The Canadian Press:

I've worked with this Maj a number of times and any review is in good hands. 

 

[The Bread Guy]

Bumped with the latest from The Canadian Press:

There’s still no decision on whether a Calgary reservist who won an appeal of his conviction in a deadly Afghanistan training accident will face a new trial.

Last September, the Court Martial Appeal Court of Canada entered a finding of not guilty on Major Darryl Watts’s conviction for negligent performance of duty. It also ordered a new trial on a conviction of unlawfully causing bodily harm and a second count of negligent performance of duty.

The Director of Military Prosecutions reviewed the Appeal Court’s decision and decided not to challenge the ruling.

But a Canadian Forces spokeswoman says whether to hold a new trial is still under review.

“No decision has yet been made by the Director of Military Prosecutions regarding a possible retrial by court martial on the two remaining charges,” said Capt. Amber Bineau in an email to The Canadian Press.

“The Canadian Military Prosecution Service is still reviewing the file, and will have to consider if there still exists a reasonable prospect of conviction on those charges, based on the evidence that remains available, and if a retrial would be in the public interest to pursue.” ....

 

[The Bread Guy]

And it appears the end of the road has been reached on this one ....

A military reservist who won an appeal of his conviction in a deadly Afghanistan training accident will not face a new trial.

But Maj. Darryl Watts says the death of Cpl. Josh Baker and the injuries to four other soldiers still haunt him.

"I don't know if you feel vindicated. I still lost a soldier that day, one of the soldiers of my platoon," Watts said Friday upon hearing the news from The Canadian Press.

“You feel somewhat responsible, morally responsible, for being their leader during that time, even though it was out of my hands," he said.

"I don't think you feel vindicated, given the death and the injuries to the other soldiers that were there."

In September, the Court Martial Appeal Court of Canada entered a finding of not guilty on a conviction against the Calgary reservist for negligent performance of duty.

It also ordered a new trial on a conviction of unlawfully causing bodily harm and a second count of negligent performance of duty.

Canadian Forces spokeswoman Capt. Amber Bineau said the director of Military Prosecutions reviewed the Appeal Court's decision and decided not to proceed with a second trial.

"It seems that the case has now concluded."

Watts said he still loves being in the military, but his career has stalled.

(....)

He was demoted two ranks to lieutenant and given a severe reprimand after his conviction in December 2012.

He has since had his rank of major restored. Two other soldiers were also convicted for their roles in the accident.

Watts's commanding officer, Maj. Christopher Lunney, pleaded guilty to negligent performance of duty for failing to ensure Watts was properly qualified on the C-19. Lunney was demoted one rank to captain from major and received a severe reprimand.

Warrant Officer Paul Ravensdale, who was running the exercise that day, was found guilty of breach of duty causing death, breach of duty causing bodily harm, unlawfully causing bodily harm and negligent performance of military duty.

He was acquitted of manslaughter, but the now-retired soldier was given a six-month suspended sentence. He also received a fine and was demoted one rank to sergeant.

 

[Scoobie Newbie]

If he was my OC I'd transfer out of the militia unit. This clown has zero leadership abilities.

 

[Jarnhamar]

If he was my OC I'd transfer out of the militia unit.

The only problem with that, which I've seen, is that a vindictive losing unit may contact the gaining unit CoC and poison the waters for the transferring soldier (especially if they know why the soldier is leaving).

 

[Scoobie Newbie]

Given how public this is I'd take my chances. People of all ranks should avoid this oxygen thief at all costs.

 

[Bruce Monkhouse]

Watts said he still loves being in the military, but his career has stalled.
He was demoted two ranks to lieutenant and given a severe reprimand after his conviction in December 2012.
He has since had his rank of major restored.

...and the fuckin' glee club at certain levels in the military still rule.  Way to inspire the troopies you clowns running this circus.


...and, hey asshole, Lt. to Major in 2 years doesn't seem too stalled to me.

 

[Scoobie Newbie]

He'll prob claim PTSD over losing his rank for a short while.

 

[dapaterson]

...and, hey asshole, Lt. to Major in 2 years doesn't seem too stalled to me.

He wasn't promoted from Lt to Maj; he had the former finding quashed, so his rank was restored - the original trial was essentially stricken from the books at appeal.  A different situation.


That would be an interesting study, though: look at people reduced in rank in court martial, and see how many made it back to their former rank, and how quickly.

 

[Bruce Monkhouse]

He wasn't promoted from Lt to Maj; he had the former finding quashed, so his rank was restored - the original trial was essentially stricken from the books at appeal.  A different situation.
That would be an interesting study, though: look at people reduced in rank in court martial, and see how many made it back to their former rank, and how quickly.

My bad.........

 

[OldSolduer]

The only problem with that, which I've seen, is that a vindictive losing unit may contact the gaining unit CoC and poison the waters for the transferring soldier (especially if they know why the soldier is leaving).

this is true. I always contact the gaining RSM to extoll the virtues of any soldier that CTs.

 

[Jarnhamar]

The comment about his career stalling is poorly thought out.

 

[The Bread Guy]

An interesting endorsement of sorts at Calgary city hall, shared under the Fair Dealing provisions of the Copyright Act (R.S.C., 1985, c. C-42) ....

Calgary firefighter, Major Darryl Watts received special recognition at City Hall Monday with a presentation that was a bit out of the ordinary for council.

Watts fought to have his conviction of negligent performance of duty from a fatal training accident in Afghanistan, overturned and has had his military ranking restored.

Councillor Diane Colley-Urquhart opened Monday’s council meeting commending his difficult fight.

“It will be five years ago tomorrow that he was heading up a platoon in Kandahar City when a horrible incident happened and there was a death resulting,” Colley-Urquhart said.

In 2010, a mine misfired in a training incident that killed a corporal and seriously wounded four others.

“It has been troubling. It has been very difficult, but he has had his rank in the Canadian Forces Restored,” she said.

A verbal ‘thank you’ to Watts was met by applause by those in attendance of the council session.

 

[Tibbson]

I personally find this shameful of the Calgary city council.

 

[OldSolduer]

I personally find this shameful of the Calgary city council.

This happens because the vast majority of Canadians have little insight into the military world. The do not fully understand the concepts of The Principles of Leadership, accountability, responsibilty as well as unlimited liability.

In my opinion, this individual failed his troops...and therefore failed the nation.

 

[KevinB]

This happens because the vast majority of Canadians have little insight into the military world. The do not fully understand the concepts of The Principles of Leadership, accountability, responsibilty as well as unlimited liability.

In my opinion, this individual failed his troops...and therefore failed the nation.

Agree with both of you 110%

 

[Naval Reservist]

Warrant Officer Paul Ravensdale, who was running the exercise that day, was found guilty of breach of duty causing death, breach of duty causing bodily harm, unlawfully causing bodily harm and negligent performance of military duty.

He was acquitted of manslaughter, but the now-retired soldier was given a six-month suspended sentence. He also received a fine and was demoted one rank to sergeant.

Kinda off topic, but im curious based on this situation. Since he was demoted to Sergeant and "retired" (im guessing) shortly there-after, will his pension be based on that of a Warrant or that of a sergeant? Does it depend on the amount of years he was a Warrant?

Edit: I have no idea if it was a honorable discharge or not.

 

[RedcapCrusader]

I personally find this shameful of the Calgary city council.

That's okay, Urquhart is one of the City's most despised and hated Councillors. She comes up with some pretty stupid sh!t

 

[dapaterson]

Kinda off topic, but im curious based on this situation. Since he was demoted to Sergeant and "retired" (im guessing) shortly there-after, will his pension be based on that of a Warrant or that of a sergeant? Does it depend on the amount of years he was a Warrant?

Edit: I have no idea if it was a honorable discharge or not.

He was not sentenced to dismissal.  There is a possibility there could have been an administrative release; I don't know.

CAF pensions for the Regular Force (and some long-serving full-time Reservists) are based on the average of your est five consecutive years of pensionable earnings, not on your rank on release.