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Capt. Robert Semrau Charged With Murder in Afghanistan

What bothers me is what is the basis for the charges ? Statements from other OMLT members ? Taliban prisoners ? ANA soldiers ?

http://www.armytimes.com/news/2009/01/ap_CanadianMurdercharge_010209w/

[Battle-related murder charge for Canadian capt.

By Steve Rennie - The Canadian Press
Posted : Friday Jan 2, 2009 11:56:40 EST
 
KANDAHAR, Afghanistan — A Canadian soldier who was on hand for a bloody battle against the Taliban in October has been charged with second-degree murder in the death of a presumed enemy fighter, military officials announced Friday.

Capt. Robert Semrau is accused of shooting an unarmed man during the battle, in which Afghan soldiers, their Canadian mentors and British troops defended the Helmand capital of Lashkar Gah from a prolonged attack by insurgents.

Semrau is a member of the Operational Mentor and Liaison Team, the Canadian military unit that mentors the fledgling Afghan National Army.

A news release says the major crimes unit of Canada’s military police charged Semrau on Wednesday — the same day the Canadian Forces National Investigation Service announced an investigation into a death that took place “on or about” Oct. 19 in Helmand province.

Semrau is being held in military police custody before being returned to Canada, where a military judge will decide whether he remains behind bars. He faces 25 years in prison if convicted.

Military officials at Kandahar Airfield are declining further comment.

At the time of the incident, Canadian military mentors from the OMLT were in Helmand mentoring the Afghan soldiers who were participating in the bloody three-day defense of Lashkar Gah. Also taking part were British forces, who are deployed extensively in Helmand.

Afghan and foreign troops eventually retook the Nad Ali district center, which had been held by insurgents, after a three-day fight. That battle, which also involved airstrikes, ended Oct. 18. Afghan and NATO officials claimed at least 100 Taliban died in the fighting.

A NATO news release dated Oct. 19, 2008 — the date of the alleged incident — quotes Semrau talking about the experience of working with Afghan soldiers.

“Working with the ANA presents some challenges; you have to be very patient, but when you get down to the bottom of it, they are just like us and like to kid around and joke,” Semrau — identified as an OMLT “commanding mentor” — is quoted as saying.

“They’re just like soldiers all around the world and are some good guys.”

On Thursday, an Afghan army general who was on hand for the battle of Lashkar Gah said he had heard none of the allegations of “inappropriate conduct” surrounding the presumed insurgent’s death.

Gen. Sher Muhammad Zazai said the Afghan army killed so many Taliban fighters during the fight, it’s impossible to know how they all died.

The CFNIS examines all incidents involving Canadian military personnel or property in Canada and abroad.
/quote]
 
tomahawk6 said:
What bothers me is what is the basis for the charges ? Statements from other OMLT members ? Taliban prisoners ? ANA soldiers ?
It is just as likely that all of this has come from some detailed reports that Capt Semrau himself submitted.

I have all confidence that Capt Semrau conducted himself in an examplary manner throughout his term within the OMLT.  The fog of war - when lots of things are flying in both directions - at a fast and furious rate, most certainly contributed to the incident.

I have no doubt that the good Captain will be, if anything, quite candid about what he did and why he conducted himself throughout the engagement.

Let's all settle down back to work and let everyone figure out this puzzle.
 
Rather be judged by 12 than carried by 6 could be the overlying factor in this case, IMO. Seems like these charges are due diligence of NIS and the CF. Who's to say that Captain Semrau didn't witness the presumed insurgent drop a weapon and try to run away, or recognize the face from earlier in a close engagement? I believe there's too many factors for a proper trial or anything to come out of this, other than a show for the media.
 
geo said:
It is just as likely that all of this has come from some detailed reports that Capt Semrau himself submitted.

I have all confidence that Capt Semrau conducted himself in an examplary manner throughout his term within the OMLT.  The fog of war - when lots of things are flying in both directions - at a fast and furious rate, most certainly contributed to the incident.

I have no doubt that the good Captain will be, if anything, quite candid about what he did and why he conducted himself throughout the engagement.

Let's all settle down back to work and let everyone figure out this puzzle.

Obviously something took place in the last week or so that resulted in the charges. The alleged incident took place in mid-Oct '08, but it wasn't until 27 Dec '08 that it came to the attention of the Commander Task Force Kandahar who notified the CFNIS . It took the CFNIS just four days to carryout its investigation that resulted in Capt Semrau being charged. A four day investigation is pretty remarkable if you ask me. Either the evidence is pretty clear or the NIS has jumped the gun.

Speaking of the NIS, is it usual for them (or any other MP unit) to actually charge someone with a crime? In civvie street the police investigate the crime and gather the evidence and present their findings to the Crown who decides if charges are warranted. Any clarification would be helpful.
 
I think someone took some "literary licence" when they wrote the article as to "who" laid charges.
 
If I recall correctly, giving the military police the authority to lay charges came out of the Somalia Inquiry. At that time the commissioners criticized what they saw as abuse of the discretion allowed commanding officers to lay or not lay charges after receipt of a military police report. I am not sure that in fact they had any evidence of such abuse, as opposed to a fear that it could occur.
 
Retired AF Guy said:
Speaking of the NIS, is it usual for them (or any other MP unit) to actually charge someone with a crime? In civvie street the police investigate the crime and gather the evidence and present their findings to the Crown who decides if charges are warranted. Any clarification would be helpful.

I can't speak to the ability of NIS to lay charges, but in civvie street it is most definitely the police that investigate and lay charges.  The crown prosecutors may advise police as to the likelihood of conviction, but the sole decision to lay charges is by the police.
 
Retired AF Guy,
You have to consider that OMLTs operate out of areas that are not necessarily under higher Canadian supervision or control.  It is not like this was a Canadian Platoon operating in our AOR.  This Afghan unit operated in Helman province - under Afghan command in the British AOR... not a Canadian AOR.  The delay in taking action undoubtedly has something to do with this.

WRT your other question...
Per se - CFNIS does not lay charges - they provide findings & make recommendations.  Commanders & the Judge Advocate's office look after the rest.
 
The NIS has authority to lay charges.  The charge will then go to the Director, Military Prosecutions (part of the JAG branch) where it may be modified, dropped, or proceeded with as is.  MPs not with the NIS have no authority to lay charges; their reports are sent to the parent unit for disposition.

For some light bedtime reading, look at http://www.forces.gc.ca/jag/publications/Training-formation/MilJustice_JustMilv2.1-eng.pdf which will let you know more about summary trials and military justice than you ever wanted to know (unless you're a CO or delegated officer, in which case you've already read it at least once)

 
Occam said:
I can't speak to the ability of NIS to lay charges, but in civvie street it is most definitely the police that investigate and lay charges.  The crown prosecutors may advise police as to the likelihood of conviction, but the sole decision to lay charges is by the police.
It actually depends on the province. In most provinces, the police have the authority to lay charges. In a few -- BC and New Brunswick spring to mind, but I'm not sure about NB -- the police propose charges, which are then screened by a Crown Prosecutor before they are formally laid. In practice it doesn't make much difference, because in provinces where there isn't pre-screening, a Crown will (usually) review the file at an early stage and decide whether or not the charges should be withdrawn, and in complicated investigations the police will often solicit the opinion of a Crown before they lay charges.
 
Tks for the clarification DAP - guess I had forgotten the material covered on Delegated officer training... been a while
 
Bo said:
I did basic training with Capt Semrau.

I cannot say enough good things about this guy. He always kept the morale high in our platoon, a natural leader. Everyone liked him.

He was a very balanced, intelligent, and keen individual. When I think of the one guy in our platoon that could be a general one day, it's him. The media might make him seem like a ruthless murderer but that couldn't be further from the truth. I'm certain once more information is revealed that these charges will be dropped.

I am still somewhat in shock that Rob, of all people, is being accused of this.

+1 ... he's just about the last person I could imagine ...
 
dapaterson said:
The NIS has authority to lay charges.  The charge will then go to the Director, Military Prosecutions (part of the JAG branch) where it may be modified, dropped, or proceeded with as is.  MPs not with the NIS have no authority to lay charges; their reports are sent to the parent unit for disposition.

For some light bedtime reading, look at http://www.forces.gc.ca/jag/publications/Training-formation/MilJustice_JustMilv2.1-eng.pdf which will let you know more about summary trials and military justice than you ever wanted to know (unless you're a CO or delegated officer, in which case you've already read it at least once).

Thanks for the link. To save folks some time here is the relevant info from the above link:

"Laying of Charges
44. A charge is a formal accusation that a person subject to the Code of Service Discipline has committed a service offence. A charge is laid when it is reduced to writing in Part 1 (Charge Report) of the Record of Disciplinary Proceedings (RDP) and signed by a person authorized to lay charges.

45. The following persons may lay charges under the Code of Service Discipline:
a. a CO;
b. an officer or NCM authorized by a CO to lay charges; and
c. an officer or NCM of the Military Police assigned to investigative duties with the CF National Investigation Service (NIS).

46. A person who lays a charge under the Code of Service Discipline must have an actual belief that the accused member has committed the offence and that belief must be reasonable.

For a full discussion on this subject see Chapter 8, Laying of Charges."

 
milnews.ca said:
Christie Blatchford, Globe & Mail, 3 Jan 09
Article link
While questions remain about the two-month-long delay between the date of the man's death and the date that senior commanders in Kandahar learned of the allegations,

Now much as I like Ms. Blatchford's writings, she is severely out to lunch with this comment.

I guess if she gets assigned to investigate a member of the Hell's Angels she gives Maurice (Mom) Boucher a call to let him know?
Give your head a shake Christie.
 
I'm curious that if the CFNIS has the authority to actually lay charges and not simply recommend them to a CO, who then becomes the convening authority in the matter?
 
milnews.ca said:
After Somalia, Forces prove 'open and transparent'
Christie Blatchford, Globe & Mail, 3 Jan 09
Article link


While questions remain about the two-month-long delay between the date of the man's death and the date that senior commanders in Kandahar learned of the allegations, it seems clear that once informed, they acted swiftly and with transparency.

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?
 
Dog Walker said:
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?
You bring up an interesting point DW. 
There is time between when the incident happened & the end of the operations in Hellman province while the OMLT & Afghan unit would've been under Afghan / UK jurisdiction (you don't stop an operation to start writing)
The time required for return to your home base.
The time required for the debriefing of the Afghan troops who were being mentored by our OMLT team.
The time required to prepare and submit the report.
The time required to receive & analyse the report.
The time required to transmit the result of the analysis to the Commander of all OMLT teams who must then brief the Canadian contingent commander in Kandahar.

Throw in HLTAs & any number of operations (planned & unplanned) involving the leadership & you could very well end up with the unintended delay the media and Amnesty International / Prof Attaran are all harping about.

I am convinced that Capt Semrau was quite candid and forthcoming in his reporting.  There was no attempt to cover up & the Capt conducted himself in an appropriate manner throughout the operation.
 
Dog Walker said:
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?
Delay or no delay.  Our speculating is no more helpful than the media's.
 
If the CFNIS lays charges, it will be a court martial; charges will go to the Director, Military Prosecutions who will go through the Court Martial Administrator.

There were some changes to the process made this past summer (members now elect the type of court martial they want - panel, or judge alone); there's a CANFORGEN out there with some details.
 
This might have already been posted, but here it is ......

Canadian troops keeping mum about murder charge
STEVE RENNIE The Canadian Press January 3, 2009 at 1:40 PM EST
Article Link

KANDAHAR, Afghanistan — Canadian troops at Kandahar Airfield weren't saying much Saturday about a fellow soldier who's been charged with second-degree murder in the death of a presumed enemy fighter.

Troops lounging on the sprawling base's wood-plank boardwalk politely declined to weigh in on allegations Captain Robert Semrau shot an unarmed man in Helmand province last October.

“Sorry, no thanks,” said one soldier when asked for comment, echoing the responses of several other troops.

Another soldier, sitting alone at a picnic table, said he was unaware of the allegations.
More on link
 
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