Somalia scandal

[riggermade]

Yeah, I realise I might have sounded a little harsh in my last post.  Don't get me wrong, I believe if you are broken in the loyal and unwaivering service of your country, then said country should be obligated to compensate, retrain, and maintain a certain standard of living for you and yours.

What drives me absolutely fucking nuts is the trend in this army towards the ME and the I.  I'm sick to death of people who think they can dictate their own terms of reference and think that operational tours, deployments, courses, and field time are an INCONVENIENCE!!!  These same individuals are probably the first ones at the bank on pay day with no remorse towards how they earned it - or not.  I am also sick of malingerers who make it harder for legitimately injured soldiers who are worn out and broken from hard years of driving the body.  My three sect comdrs from Roto 0 in Afghanistan are all broken to some extent.  Each one of them has been a paratrooper for 12 to 15 years with prior Infantry service before that.  Knee surgery for one, degenerative disc disease in the neck for another, and lastly crushed discs in the back requiring surgery.  Do you honestly think that I would entrust my life to those boys and vice versa without having some lasting loyalty?  I will say though that I draw a hard line when it comes to slowing down the machine because one of the gears blew a tooth.  I fully expect the same treatment when the inevitable happens to me.  I certainly don't plan on sitting around wallowing in my own self-pity.

So let's get down to the business of exposing and expelling those that harbour ulterior motive, poor work ethic, malingering tendency, pre-service injuries, and a self-centered attitude.  So that those that have earned the benefits, can receive them.

I agree with what you have to say...I wore a maroon beret for 22 of 25 years and mback and arthritis is apperently all from aging...I have days I can barely walk but was turned down by VA

What really burns my a$$ is these characters collecting pensions for these seious problems but are fit enough to go to Afghanistan

I think the system has to be revamped

 

[The Bread Guy]

The CF's official word - backgrounder below news release....

Charges against Ex-Master-Corporal Cayton Matchee withdrawn
CF news release NR-08.070, 15 Sept 08
News release link

Captain (Navy) Holly MacDougall, the Canadian Forces Director of Military Prosecutions (DMP), has withdrawn the charges against former Master-Corporal Clayton Matchee. Ex-MCpl Matchee was charged under section 130 of the National Defence Act with Torture, contrary to section 269.1 of the Criminal Code of Canada, and Murder, contrary to section 235(1) of the Criminal Code of Canada. The charges arose as a result of the death of Shidane Abukar Arone, a Somalian teenager, on 16 March 1993, during the deployment of Canadian troops in Somalia.

The Director of Military Prosecutions is a separate and independent authority for military prosecutions who exercises prosecutorial discretion within the military justice system, free of influences, and based on legal principles and criteria.

While the charges have been outstanding against Ex-MCpl Matchee over the past 15 years, three parallel tracks were ongoing to deal with him. Firstly, the Saskatchewan Review Board held hearings at least once every 12 months to reassess Ex-MCpl Matchee’s fitness to stand trial. Secondly, a Standing Court Martial was convened every two years to determine whether sufficient admissible evidence continued to exist to prosecute Ex-MCpl Matchee. Lastly, DMP, as part of the post-charge screening process, had the continuous requirement to assess whether the evidence continued to be sufficient to justify the continuation of charges and whether the public interest required the prosecution to be continued.

“The decision to withdraw the charges in this case was based on public interest considerations. These included the fact that Mr. Matchee has a permanent brain injury and will never be fit to stand trial, in addition to a recent determination that Mr. Matchee does not pose a significant threat to the community,” says Lieutenant-Colonel Bruce MacGregor, Deputy Director of Military Prosecutions. “On February 12, 2008, the Saskatchewan Review Board directed that Mr. Matchee be discharged from the Saskatchewan Hospital and ordered an assessment of what risk, if any, Mr. Matchee poses to the community. During his extended stays out of the hospital and since his discharge, no incidents constituting risk to the community have been reported and the reports on his reintegration within the community have been positive.” The withdrawal of the charges means that there will no longer be a requirement for the Saskatchewan Review Board nor the Standing Court Martial to conduct their respective reviews.

“Since the charges have been withdrawn, the laws that apply to Mr. Matchee are no different than those applicable to any other citizen suffering from a brain injury and requiring constant care and supervision,” adds Lt Col MacGregor. “Future personal or public safety concerns, if any, can be dealt with appropriately through applicable provincial legislation.”



Backgrounder
Ex-Master Corporal Clayton Matchee
CF backgrounder BG–08.025, 15 Sept 08
Backgrounder link

Ex-MCpl Matchee was charged under section 130 of the National Defence Act (NDA) with second-degree murder and torture in connection with the 1993 death of Somali national Shidane Abukar Arone. On April 25, 1994, a General Court Martial found him unfit to stand trial as a result of a mental disorder.

The matter was then turned over to the Ontario Review Board, pursuant to section 202.25 of the National Defence Act. On May 25, 1994, the Ontario Review Board confirmed that Ex-MCpl Matchee was unfit to stand trial at his court martial and ordered that he be transferred to the province of Saskatchewan for the purpose of reintegration into society and for his recovery, treatment and continued custody. He was subsequently transferred to the Saskatchewan Hospital in North Battleford, Saskatchewan.

In the past 15 years, three parallel tracks were ongoing to deal with the matter while the charges were outstanding against Ex-MCpl Matchee. First, at least every 12 months, the Saskatchewan Review Board had to hold a hearing to reassess Ex-MCpl Matchee’s fitness to stand trial. Then, a Standing Court Martial had to be convened every two years to determine whether sufficient admissible evidence continued to exist to prosecute Ex-MCpl Matchee. Finally, DMP, as part of the post-charge process, had the continuous requirement to assess whether the evidence continued to be sufficient to justify the continuation of charges and whether the public interest required the prosecution to be continued.

Since 1994, the Saskatchewan Provincial Review Board has conducted regular reviews of the fitness of Ex-MCpl Matchee. The Saskatchewan Review Board has indicated that Mr. Matchee will never be fit to stand trial on the outstanding charges. In the past few years, the Review Board has gradually increased the length of Ex-Cpl Matchee’s visits to his family home and to his local community to the point where on February 12, 2008, Ex-MCpl Matchee was discharged from the hospital to live in the community. A detailed assessment was ordered in respect of what risk, if any, Ex-MCpl Matchee poses to the community, after his discharge from the hospital. The risk assessment provided to the Review Board in April 2008 indicated that Ex-MCpl Matchee “represents no greater threat to the public than any other person with a cognitive defect”. At a teleconference held by the Saskatchewan Review Board on September 8, 2008, it was indicated that during his extended stays out of the Saskatchewan Hospital and since his discharge in February of this year, no incidents constituting risk to the community have been reported.

At the last inquiry held on 24 September 2004 at a Standing Court Martial, the presiding judge ruled that the prosecution had adduced sufficient admissible evidence to put Ex-MCpl Matchee on trial. This decision is available on the Chief Military Judge web site at http://www.forces.gc.ca/cmj/inquiry/2004/2004cm014.i.pdf. The inquiry scheduled for 2006 was postponed as a result of joint applications presented by prosecution and defence counsel and was finally scheduled to commence on 16 September 2008.

Prior to this inquiry and based on the positive comments reported at the 8th of September teleconference, in accordance with her DMP Policy 003/00, Prosecutorial Discretion and Post-Charge Screening, the DMP has concluded that the public interest, including the interests of the CF, does not require that the prosecution against Ex-MCpl Matchee be continued.

With the withdrawal of charges by the DMP, Ex-MCpl Matchee is no different than any other citizen suffering from a brain injury and requiring constant care and supervision. Future personal or public safety concerns, if any, are more appropriately dealt with through applicable provincial legislation.

-30-

 

[Viper]

Just so everyone knows, the way this works is that as long as Matchee lives and the charges are outstanding; twice a year they bring this forward to a Standiong Court Martial and receive info as to his ability to stand trial.  I doubt that there will ever be more than that.  This has been happening twice a year ever since he was declared unfit to stand trial.

 

[Redeye]

Just so everyone knows, the way this works is that as long as Matchee lives and the charges are outstanding; twice a year they bring this forward to a Standiong Court Martial and receive info as to his ability to stand trial.  I doubt that there will ever be more than that.  This has been happening twice a year ever since he was declared unfit to stand trial.

Viper, that's precisely why the charges have been withdrawn.  The powers that be have decided that Matchee will never be fit to stand trial, and the charges will never otherwise be disposed of, so they have been withdrawn completely.  This way there will no longer need to be the process with the Standing Court Martial.

 

[Haggis]

Just so everyone knows, the way this works is that as long as Matchee lives and the charges are outstanding; twice a year they bring this forward to a Standiong Court Martial and receive info as to his ability to stand trial.  I doubt that there will ever be more than that.  This has been happening twice a year ever since he was declared unfit to stand trial.

In fact, the Standing Court Martial convened every two years to review this case, not twice a year.

 

[Viper]

Thanks Redeye,

I guess I should have followed the thread all the way to the end before posting, I didn't realize that the charges had finally been withdrawn.  It did seem to be a waste of time and resources because it's been clear for a while that he was never going to actually stand trial.

Re: Haggis's post, I disagree, if you check the Jag website you will see that twice a year his case has been brought forward, it is a reference I have used for the past several years teaching PLQ courses here in Esquimalt.

 

[Haggis]

Re: Haggis's post, I disagree, if you check the Jag website you will see that twice a year his case has been brought forward, it is a reference I have used for the past several years teaching PLQ courses here in Esquimalt.

Disagree all you want.

Although the Chief Military Judge Courts Martial calendar only goes back one month, the Transcripts Page clearly shows the Standing Court Martial (SCM) transcripts are posted every two years.  The official CF backgrounder also states the SCM was convened every two years.

 

[Armymedic]

Regardless, its done. Now we, the collective group of us who had to live through this (personally or otherwise), can now put this issue to bed.

Its done....time to bury, and move on.

 

[geo]

Heh....
Wonder if anyone will ever bother to check up on Matchee ever again.
Fifteen years is a long time to be unfit for trial - but wonder if it is anywhere possible that, after 25 years, he would "come out of it".
If the charges are withdrawn, could they still be laid if, by some miracle, Matchee snaped out of it ???

 

[The_Falcon]

Just saw it reported on the National, CF is dropping all charges against Clayton Matchee, the reason report is the CF doesn't believe he will ever be mentally fit to stand trail after suffering brain damage in a botched suicide attempt.

 

[Rodahn]

In my opinion the military failed this member, here was a young lad who went face to face with the Native Canadians during Oka, and became somewhat of a celebrity. He was then promoted, prior to his being ready due to his notoriety from this incident. Then sent on a mission in which the unit was ill prepared. (Mortarman, please correct me if I'm wrong here, as I believe that you were involved at Oka).

Overall I think that the fault belongs with the CF, and the collective leadership at the time, due to the replacement of the CO just prior to a mission of such magnitude, and failure by higher to heed possible warning signs of distubing activities (hazing in) that was unacceptable.

 

[Armymedic]

may I redirect your attention to my previous link today:

http://forums.milnet.ca/forums/threads/21465/post-758129.html#msg758129

and say that this topic should be buried....as 15 yrs was more than enough time to discuss this.

Those bad days need not be brought up again.

 

[armyvern]

In my opinion the military failed this member, here was a young lad who went face to face with the Native Canadians during Oka, and became somewhat of a celebrity. He was then promoted, prior to his being ready due to his notoriety from this incident. Then sent on a mission in which the unit was ill prepared. (Mortarman, please correct me if I'm wrong here, as I believe that you were involved at Oka).

Overall I think that the fault belongs with the CF, and the collective leadership at the time, due to the replacement of the CO just prior to a mission of such magnitude, and failure by higher to heed possible warning signs of distubing activities (hazing in) that was unacceptable.

Uhmmm, that face off was between Warrior "Freddy Kreuger" & Pte Patrick Clouthier (who went on to infamy with his movie debut ...  ) and, as far as I'm aware, Clayton Matchee played no part in the OKA standoff whatsoever.

http://en.wikipedia.org/wiki/Patrick_Cloutier

 

[Eye In The Sky]

Uhmmm, that face off was between Warrior "Freddy Kreuger" & Pte Patrick Clouthier (who went on to infamy with his movie debut ...  ) and, as far as I'm aware, Clayton Matchee played no part in the OKA standoff whatsoever.

http://en.wikipedia.org/wiki/Patrick_Cloutier

IIRC he went by Lasagna???

 

[geo]

... actualy, it was "freddy".. the media messed up.

 

[Eye In The Sky]

For some reason, I think that picture of their stand-off was in the last issue of The Sentinel?

 

[Rodahn]

Uhmmm, that face off was between Warrior "Freddy Kreuger" & Pte Patrick Clouthier (who went on to infamy with his movie debut ...  ) and, as far as I'm aware, Clayton Matchee played no part in the OKA standoff whatsoever.

http://en.wikipedia.org/wiki/Patrick_Cloutier

I stand corrected. Thanks Vern.

 

[the 48th regulator]

Vern is correct,

Ronald “Lasagna” Cross was often mistaken as being in the photo.  Howerver Lasagna has a brother,Tracey (sp. Tracy?) Cross, who seved with the RCR, the CAR, and former police chief of Kanehsatake Police.

dileas

tess

 

[Puss~in~Boots]

Ottawa Sun
September 16, 2008:

SASKATOON -- The Canadian military has closed one of the darkest chapters in its history by dropping all charges against a former soldier accused of the torture and murder of a Somali teenager.

Clayton Matchee, 43, has a serious brain injury and will never be fit to stand trial for the 1993 crime, said Bruce MacGregor, deputy director of military prosecutions.

"It's no longer in the public interest to proceed on these charges," MacGregor said yesterday.

"Our case is closed against Mr. Matchee."

The master corporal was charged with the death of Shidane Arone, but shortly after his arrest he suffered major brain damage in a suicide attempt.




For the past 15 years, Matchee has been subject to an annual psychiatric review by the Saskatchewan Review Board. And every two years, a standing court martial has convened to look at his case.

In the meantime, the Supreme Court has ruled people found permanently unfit for trial should not be kept in the system indefinitely.

After determining Matchee posed no threat to the public, he was released from a Saskatchewan hospital in February to the care of his mother, MacGregor said.

According to documents, members of the Canadian Airborne Regiment arrested 16-year-old Arone on the night of March 16, 1993 and placed him in custody.

An hour later, a soldier in the guard tower of the Canadian compound heard screams coming from the bunker where Arone was being held. Inside, the blind-folded teen was shackled and had been brutally beaten. A cigar was used to burn the soles of his feet.

News of the shocking killing tarnished Canada's reputation as a peacekeeper and, following a government inquiry, led to the disbanding of the airborne.

 

[armyvern]

IIRC he went by Lasagna???

I believe that "Lasagna" was one of the two Warriors who was involved in the severe beating of a native couple when they returned during the standoff to thier home and found it ransacked and vandalized. He and the other were arrested by fellow Warriors ... and that beating was the impetus that resulted in the cordons being tightened and a ramp-up in the level of military action to end the standoff soonest due to the increased risk, and deterioration in safety for those Native elderly, women, and children still behind the lines. Essentially, these two warriors turned on their own ... and the end probably came sooner for it. I do believe that they were turned over to QPP, charged, tried, and convicted for the assaults as well.

My memory though - could be way off. "Lasagna" was tossed around by the media a lot, and could perhaps have been mistakingly identified with that picture  ...