http://www.armytimes.com/story.php?f=1-292925-2009561.php
August 08, 2006
Canadians probe possible friendly fire death
By Murray Brewster
HALIFAX (Canadian Press) — A closed-door investigation into the possible friendly fire death of a Canadian soldier in Afghanistan has concluded, but the board of inquiry’s final report won’t be released until it is vetted by U.S. and Afghan military officials.
The board investigated the death of Pvt. Robert Costall, who was killed last spring during a fierce firefight between coalition forces and insurgents at Sangin, west of Kandahar.
U.S. special operations forces, National Guard trainers and Afghan troops also took part in the battle.
The inquiry’s terms of reference, obtained by The Canadian Press under the Access to Information Act, order Brig.-Gen. Chris Davis, the board president, to “determine what information, including any that has been received from coalition partners, is releasable under Canadian law.”
The April 13 document also confirms testimony from the inquiry has been designated as secret, and U.S. and Afghan officials have a veto over the release of what they consider “classified” information.
“Prior to the release to the public of a suitably severed report of the (board of inquiry) proceedings, an opportunity will be given to American and Afghan authorities to make known their perspective in respect of the proposed release of information,” the document says.
An inquiry spokesman said Canadians can rest assured the investigation will determine what happened, but some classified information will be withheld.
“The access to information and the privacy acts will guideline what can be released,” said Cmdr. Mike Consadine, a Halifax-based spokesman for the inquiry. “How that will manifest itself in the report, I wouldn’t even want to hazard a guess.”
Consadine said the report could be released by the fall.
Five days after assembling the board, Lt. Gen. J.C. Michel Gauthier, the commander of the Canadian Expeditionary Force, wrote to the inquiry president to “sensitize” the board “in order to ensure that there is complete understanding and collaboration” between the American and Canadian militaries.
Although coalition commanders have been careful not to point fingers at either U.S. or Afghan forces over the possibility that Costall was killed by friendly fire, Gauthier’s supplementary letter cautions the board to ensure its “investigation activities do not compromise any ongoing criminal investigations being conducted by American authorities.”
There was no such caution or clarification issued in relation to the Afghan National Army.
American soldiers, who might be the subject of “criminal investigation,” were not to be interviewed by the board without the approval U.S. law enforcement authorities, Gauthier’s letter says.
The possibility that Costall, a 22-year-old machine gunner, died as a result of friendly fire was raised by his wounded buddies when the multinational brigade commander, Canadian Brig. Gen. David Fraser, visited them in hospital.
The troops told Fraser they had been hit by fire from their own side as they rushed to take up position in one corner of the arid, hilltop base overlooking the village of Sangin.
Costall was part of a quick-reaction force that was rushed to the outpost, which was in danger of being overrun by insurgents and militias belonging to local drug lords.
Unlike other boards of inquiry — including the ones looking into the fatal fire aboard the Canadian navy submarine Chicoutimi and the recent crash of a Cormorant helicopter off Nova Scotia — the military refused to automatically disclose the terms of reference in this case.
The documents and followup letter were obtained using access to information laws.
A U.S. Army liaison officer assigned to the Canadian board was given the job of scheduling interviews with American soldiers involved in the battle. In addition, the officer was in charge of obtaining classified U.S. documents for the board to view and had a say in what members of the public — namely the Costall family — could be present for testimony.
The clash at Sangin also claimed the life of U.S. National Guard medic Sgt. 1st-Class John Stone, 52. Separate investigations by both the U.S. and Afghan militaries into the March 28-29 battle are underway.
