Topic: Capt. Robert Semrau Charged With Murder in Afghanistan

[Old Sweat]

This case is a good reason for not wanting to be the judge in this case. It has been established that Captain Semrau is both an admirable human being and a fine officer. He also stands convicted of disgraceful conduct, regardless of his motivation.

So, what does the judge do? He seems to be in an unique case without a lot of precedent to guide him. Does he hammer Semrau to send a message that the law must be obeyed, no ifs, ands or buts? It hardly seems fair, but may be the best solution. Does he deliver a relatively light sentence because of the circumstances and because of Semrau's character and record? If so he might just set a precedent to guide a judge, who at sometime in future may be called upon to exercise the same lenience to a jerk for something akin to Semrau's crime. While it pains me to say it, the best course may be the first course. In my heart I hope it is not, but my head tells me otherwise.

[George Wallace]

........... If so he might just set a precedent to guide a judge, who at sometime in future may be called upon to exercise the same lenience to a jerk for something akin to Semrau's crime.

I think you may have over thought that, and I would hope that a person's "character" would preclude a judge being "lenient to a jerk" at some future time.

[ArmyVern]

This case is a good reason for not wanting to be the judge in this case. It has been established that Captain Semrau is both an admirable human being and a fine officer. He also stands convicted of disgraceful conduct, regardless of his motivation.

So, what does the judge do? He seems to be in an unique case without a lot of precedent to guide him. Does he hammer Semrau to send a message that the law must be obeyed, no ifs, ands or buts? It hardly seems fair, but may be the best solution. Does he deliver a relatively light sentence because of the circumstances and because of Semrau's character and record? If so he might just set a precedent to guide a judge, who at sometime in future may be called upon to exercise the same lenience to a jerk for something akin to Semrau's crime. While it pains me to say it, the best course may be the first course. In my heart I hope it is not, but my head tells me otherwise.

The PO will consider all mitigating circumstances when arriving at a sentence; inclusive of character, motivation, circumstances etc.

I'm quite sure, that given the mitigating circumstances in this case - that a PO would not arrive at the same sentence for this CF Officer when compared to a CF Officer who - for an example - shoots an unarmed, uninjured, insurgent 'just for shits & giggles,' but who is convicted of same charge.

[Occam]

I'm not sure I agree, Bruce, and here's why.
BGen Thompson was brought in for his opinion to represent the good Captain's chain of command after he was convicted.  If the good Captain were convicted of something that were universally viewed as heinous, say blowing up a bus load of nuns, orphans and the Swedish Bikini Team, I'm certain that nobody would have blinked an eye that the Chain of Command were brought in, after the fact, to discuss how the Chain of Command views the whole thing. 
As stated, BGen Thompson has the unique position of being both in the member's current chain of command, as well as being the Theatre Commander when the incident occured. 
Had the chain of command not be solicited for its opinion, then I would offer that there were a bit of odour.

The chain of command can offer its opinion as to the heinousness of the crime, without venturing into recommendations as to punishment, no? 

It still strikes me as odd that BGen Thompson would be allowed to stray into the area of the chain of command's sentencing recommendations.

[ArmyVern]

The chain of command can offer its opinion as to the heinousness of the crime, without venturing into recommendations as to punishment, no? 

It still strikes me as odd that BGen Thompson would be allowed to stray into the area of the chain of command's sentencing recommendations.

I`m pretty sure that in every CM transcript that I`ve read, both the prosecution and the defense have offered sentencing recommendations and both sides have called in pers to testify as to the requirement for sentencing and it`s mitigating (defense) and aggravating (prosecution) circumstances.

Same thing happens in civil trials.

[dapaterson]

I`ll just delete what I just typed and say "Vern - Ditto."

BGen Thompson mde recommendations for sentence because he was asked for them.

[Simian Turner]

I still think the disgraceful part has to do with acting without remorse (telling lots of people about it and how he would do it again) with an overt contravention of LOC.

[kratz]

423 words were published as front page news, the majority of them (344 words) had nothing to do with the reason Col Pearson was on the Island. You literally have to read between the lines to read those 79 words explaining why the Col was on the Island.

from The Guardian today.

Army colonel steers clear of conviction against soldier
Published on August 13th, 2010
Jim Day

Clearly, Col. Michael Pearson wasn’t keen to discuss the case of Capt. Robert Semrau, the Canadian soldier awaiting sentencing in a disgraceful conduct conviction for shooting a severely wounded insurgent in Afghanistan.

Pearson, the base commander of CFB Gagetown, was interviewed by The Guardian during his visit to P.E.I. Thursday.

Topics he was both eager and prepared to detail included an upcoming fundraising dinner in support of military families and injured soldiers in N.B. and P.E.I., his meeting with Premier Robert Ghiz in which the pair spoke about “issues of mutual interest and concern’’ and improvements that are being made to the aging building that is home to the P.E.I. Regiment.

Pearson tried to steer clear of sizing up Semrau, who unarguably took the law into his own hands by violating humanitarian law when he chose to fire two bullets into an Afghan soldier to spare the man from dying a slow, agonizing death.

Many have argued the action taken by Semrau was courageous and humanitarian, rather than a departure from the exemplary character and lauded military service he enjoyed leading up to the life-changing (and possible career-ending) incident in Afghanistan.

Asked if Semrau is a good soldier, Pearson replied: “I have nothing to say about that.’’

Why no comment?

“That’s because a sentence hasn’t been rendered and it’s hard for me to say. I didn’t review the evidence. I don’t know what to say.’’

Yet, the colonel, who moments earlier in the interview before he was urged to comment on Semrau, described a good soldier as being defined by three basic characteristics: loyalty, bravery and dedication.

A good soldier today, said Pearson, is no different than a good soldier of the past.

So, again, is Semrau a good soldier?

The evidence — or, more accurately, a military jury’s finding — concluded otherwise, noted Pearson.

While Semrau was acquitted of murder in the alleged mercy killing, he was found guilty of a lesser, but still serious offence for shooting a wounded, unarmed insurgent on Oct. 19, 2008, in Helmand province.

“A conviction for a disgraceful conduct is a conviction and that sort of sounds to me (like) not a good soldier,’’ said Pearson.

“I trust that the court martial made a proper decision.’’

Pearson says he is not looking to read anything into the length of Semrau’s sentence, set to be rendered in September, regardless of whether it appears harsh or light.

“It can’t make any difference,’’ he said.

“The law is bigger than the military and so the military are servants of the

law.’’

[Nerf herder]

Slow news day on PEI and a second rate reporter was hunting for a story where there was none...so he instigated one.

Nice.         

Regards

[Rifleman62]

Mike is one very smart guy, who intellectually, could handle any reporter, let alone a second rate one.

[milnews.ca]

According to a Sun Media reporter's Twitter feed posting:

Capt. Robert #semrau sentencing postponed until Sept 21. It was skeded for tomorrow.

[Baden Guy]

Semrau sentencing delayed
Last Updated: Wednesday, September 8, 2010 | 2:56 PM ET CBC News
The sentencing of Capt. Robert Semrau, a Canadian soldier found guilty of disgraceful conduct in the death of a wounded insurgent in Afghanistan, has been postponed until Sept. 21.

Capt. Robert Semrau is now scheduled to be sentenced on Sept. 21 for disgraceful conduct in the death of a wounded insurgent in Afghanistan's Helmand province in 2008. (Sean Kilpatrick/Canadian Press)Military Judge Lt.-Col. Jean-Guy Perron has informed the parties involved that he couldn't reconvene the court martial on Sept. 9 as scheduled because of medical reasons, a Canadian Forces spokesman said Tuesday.

Semrau, 36, was accused of firing two rounds from his rifle at a dying Taliban fighter in Helmand province of Afghanistan in October 2008.

In July, he was acquitted of three more serious charges, including second-degree murder, attempting to commit murder with a firearm and negligent performance of a military duty.

The trial heard 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.

Semrau never testified, but an Afghan army captain who was on the patrol with Semrau testified the Taliban fighter was "98 per cent dead" when he was found.

Now based at CFB Petawawa, Semrau, a married father of two young children, grew up in Moose Jaw, Sask.

The charge of behaving in a disgraceful manner carries a penalty of up to five years in prison.


Read more: http://www.cbc.ca/politics/story/2010/09/08/semrau-court-martial.html#ixzz0yy3fPWiu

[owa]

Slow news day on PEI and a second rate reporter was hunting for a story where there was none...so he instigated one.

Nice.         

Regards

The Guardian is one of the biggest jokes of a newspaper ever.  As a point of reference, when I worked there (don't worry, not as a writer in any capacity haha), they intentionally wrote it at a junior high level.  Of course, that speaks wonders of the literacy rates here on the Island...  But that's a whole different issue. 

[CDN Aviator]

  Of course, that speaks wonders of the literacy rates here on the Island...  But that's a whole different issue. 

Oddly enough, low literacy rates were in the news tonight. Coincidence ?

http://www.cbc.ca/canada/story/2010/09/08/adult-literacy-report.html

[owa]

Oddly enough, low literacy rates were in the news tonight. Coincidence ?

http://www.cbc.ca/canada/story/2010/09/08/adult-literacy-report.html

I didn't notice that today.  Interesting read, thanks for the link.

[milnews.ca]

....according to Postmedia News:

Capt. Robert Semrau’s sentencing has been postponed for a second time.  Semrau, 36, an infantry officer with the 3rd Battalion of the Royal Canadian Regiment, was scheduled to be sentenced Sept. 21 for shooting a severely wounded Taliban insurgent on an Afghan battlefield.  But the military announced Monday that his sentencing will be postponed to Oct. 5 at the request of defence counsel.  Earlier this month, the judge in the case, Lt.-Col. Jean-Guy Perron, postponed the sentencing due to a medical condition ....

[zipperhead_cop]

They probably have him doing somebodies staff work and since he is doing too good of a job with it, he can't be spared to leave. 

[milnews.ca]

Via CBC.ca:

Capt. Robert Semrau, a Canadian soldier convicted of disgraceful conduct for shooting a wounded Afghan insurgent in 2008, will learn his fate on Tuesday.

A military judge will hand down a sentence on Semrau in Gatineau, Que.

Semrau was accused of firing two rounds from his rifle into a dying Taliban fighter in Helmand province of Afghanistan in October 2008.

A military panel acquitted Semrau on July 19 of murder and attempted murder, over what some have called a mercy killing on the battlefield ....

[milnews.ca]

This from CBC.ca:

Capt. Robert Semrau, a Canadian soldier convicted of disgraceful conduct for shooting a wounded Afghan insurgent in 2008, has been kicked out of the military but will not go to jail.

This from Postmedia News/Vancouver Sun:

Capt. Robert Semrau escaped a jail sentence Tuesday for shooting a severely wounded insurgent on an Afghan battlefield, an act that the military judge said was "shockingly unacceptable behaviour" that offends military values and training.

But he was dismissed from the Canadian military and demoted to the rank of second lieutenant.

(....)

Lt.-Col. Jean-Guy Perron had to deliver a punishment that reflected the military's view that Semrau, 36, of CFB Petawawa, substituted his personal morality for the international laws that govern war.

In sentencing him Tuesday, Perron said he had to "impose a just and appropriate verdict."

He noted that Semrau is a first time offender with a stellar record as a soldier and leader

Perron said he had to sentence Semrau only on the facts that established his conviction for the offence of "disgraceful conduct."

He said he could not allow public sentiment to influence his decision.

He said he has concluded the jury believed the insurgent was still alive when Semrau shot him.

Perron said Semrau's decision to shoot the man will cast a shadow on him for the rest of his life.

He said Semrau put his fellow Canadian soldiers in a terrible position: support their leader or report his clear misconduct ....

[GAP]

Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by an unscrupulous mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end....amply displayed today....

[Redeye]

Here's CBC's story: (with usual disclaimer of Fair Use)

http://www.cbc.ca/canada/story/2010/10/05/captain-robert-semrau-sentencing-afghanistan.html

Capt. Robert Semrau, a Canadian soldier convicted of disgraceful conduct for shooting a wounded Afghan insurgent in 2008, has been kicked out of the military but will not go to jail.

As part of his punishment, Semrau's rank will also be reduced to second lieutenant.

Semrau was accused of firing two rounds from his rifle into a dying Taliban fighter in Helmand province of Afghanistan in October 2008.

A military panel acquitted Semrau on July 19 of murder and attempted murder, over what some have called a mercy killing on the battlefield.

The 36-year-old captain held a spotless military record until the battlefield incident. The case has raised difficult questions for the military about the conduct of its soldiers and the fog of war.

Lt.-Col. Jean-Guy Perron, the judge who handed down the sentence in Gatineau, Que., on Tuesday, chastised Semrau for his actions.

"Shooting a wounded and unarmed person is disgraceful because it is so fundamentally contrary to our values and training that it is shockingly unacceptable," Perron said, adding that "every Canadian soldier is an ambassador of Canadian values."

"Your actions may have been motivated by a sense that you were doing the right thing. Nonetheless you committed a serious breach of discipline," the judge said.

"How can we expect our soldiers to follow the rules of war if their officers do not?" Perron said.

For his conviction on disgraceful conduct, Semrau faced a maximum of five years in prison and a dishonourable discharge. Prosecutors sought a prison sentence of two years less a day and dismissal with disgrace from the Canadian Forces, while Semrau's lawyer had argued for a reduction in rank and a severe reprimand.

Semrau's family and supporters argued it was unfair that he faced prosecution in a courtroom for decisions made on the battlefield.

------------------------------------------------------------------------------------------------------------------------

Overall probably the best possible outcome for him, no prison time so he can get on with his life.

[milnews.ca]

This, from the Ottawa Citizen's Andrew Duffy:

Capt. David Hodson, a military lawyer, says Semrau is very disappointed at being forced out of the military. An appeal is possible, he said

[KingofKeys]

I got a question. Why did Semrau get kicked out from the Canadian Forces  AND receive a reduction in rank? What role does the reduction in rank play here? Isn't this equivalent to a permanent suspension of your driving license, along with a reduction of licensing privilege to learner's permit? Can someone enlighten/satisfy my curiosity here?

[Grimaldus]

Lt.-Col. Jean-Guy Perron, the judge who handed down the sentence in Gatineau, Que., on Tuesday, chastised Semrau for his actions.

"Shooting a wounded and unarmed person is disgraceful because it is so fundamentally contrary to our values and training that it is shockingly unacceptable," Perron said, adding that "every Canadian soldier is an ambassador of Canadian values."

Because watching someone suffer is a Canadian value.

I'm glad atleast that Captain Semrau escaped jail time.

[kincanucks]

Because watching someone suffer is a Canadian value.

I'm glad atleast that Captain Semrau escaped jail time.

No it is not, but providing aid and comfort to a wounded enemy is.  In my opinion justice was served.  A sad end to a sad chapter in Canadian military history.