Capt. Robert Semrau Charged With Murder in Afghanistan

[The Bread Guy]

....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. 

 

[The Bread Guy]

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 ....

 

[The Bread Guy]

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.

 

[The Bread Guy]

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?

 

[Jarnhamar]

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.

 

[Jarnhamar]

I'll admit I have not been following this story THAT closely but it was my understanding that the Canadians attached with the ANA company were basically deep in Taliban territory. The ANA company was moving forward and staying behind with the wounded dying Taliban soldier would  most likely have resulted the Canadians being killed by the Taliban at worst and at best, captured and paraded all over the news. 
Staying with the dying man wasn't really an option, nor would it really endear them with the ANA company they were mentoring.


Talking about justice, Karla Humulka is free with a degree from Queens University and is living in the Bahamas somewhere  ???

 

[bdave]

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....

I Agree.

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?

Probably symbolic. Taking away the prestige of being a Captain by demoting him to 2nd LT; which is basically the lowest comissioned officer rank.

 

[Brutus]

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?

Severance? Just a thought. Also, it's symbolic.

 

[Redeye]

Wouldn't his release category prevent him from being able to re-enrol, though?  Presumably he'd be released under category 1(a), you'd think that'd be a showstopper at re-enrolment?  QR&Os Vol 1, Chapter 6.01(3) would say so - "3) Except during an emergency, a person upon whom a punishment of dismissal with disgrace from Her Majesty’s service has been carried out and not subsequently set aside shall not be enrolled in the Canadian Forces."

While you've stated that your opinion is completely uninformed, the media may ignore that fact when citing you as an as an example of how those army people think it's OK to shoot wounded combatants.

What Semrau did has been judged legally wrong, and he is paying the penalty awarded by the court. I suspect that he will carry this burden forever.


Personally, I hope that he considers re-enrolling since his sentence would allow for it and his record to date indicates he was an excellent soldier notwithstanding this one lapse of judgement.

 

[JesseWZ]

http://www.ctv.ca/CTVNews/TopStories/20101005/semrau-sentencing-101005/

In the article above, it says that he was given dismissal without disgrace, meaning he can still apply for the public service.

"Perron said Semrau would be dismissed from the military without disgrace, meaning that he could work for the Crown or the government in future. He did not order Semrau to serve any jail time."

 

[The Bread Guy]

I think there was some confusion because of an initial Canadian Press headline saying he was dismissed "in disgrace" - CP has corrected that.

 

[dogger1936]

Right or wrong I'm glad Capt Semrau can finally put TF 03-08 behind him hopefully for good. All the best to him and his family, it had to be rough on everyone.

best of luck.

 

[observor 69]

OK so 2nd Lt. Semrau enters a Recruiting centre and says he wants to join as an Infantry officer.
What are his realistic chances of the military taking the political risk on enrolling him?
Or should Mr.Semreau be looking at a civy job? Again would he be able to get a  public service job?
I don't think he will get much satisfaction if his lawyer tries the appeal route.

 

[George Wallace]

Technically, as his was not a "Dishonourable" Release, he should stand the same chances as any other "re enrollee".  However, you will also remember that there is a serious freeze on Recruiting.  :-\

 

[bdave]

OK so 2nd Lt. Semrau enters a Recruiting centre and says he wants to join as an Infantry officer.
What are his realistic chances of the military taking the political risk on enrolling him?
Or should Mr.Semreau be looking at a civy job? Again would he be able to get a  public service job?
I don't think he will get much satisfaction if his lawyer tries the appeal route.

If they keep it low key that he re-enrolled, then the CF would benefit tremendously from it.
If the public/media is aware that he has been reinstated as a member of the CF, then there would probably be back lash.
He'll probably lay low for a year or two, with a civvy job, until this all blows over and then apply.
That's what I'd do anyway.