Trial begins for Canadian soldier in killing of unarmed Taliban
OTTAWA — The court martial of a Canadian officer for the alleged 2008 murder of an unarmed and severely wounded Afghan insurgent started Monday in the first Canadian prosecution of a battlefield prisoner killing.
Captain Robert Semrau, 36, faces charges of second-degree murder for "shooting, with intent to kill, an unarmed male person" in Afghanistan, as well as behaving disgracefully and neglecting his military duty.
He is being tried over the coming week by a military judge and panel in the October 19, 2008 death.
Military documents outlining facts of the case agreed to by the prosecution and defense said Semrau's troops were on patrol when they were ambushed by Taliban fighters in Helmand province.
During that period Canadian soldiers were facing an increasingly tough insurgency as they defended key positions in region. Semrau was mentoring Afghan soldiers as part of a NATO program.
Following several clashes, British and Afghan troops along with their Canadian mentors came across two "presumed" Taliban fighters: one dead, the other too severely wounded for treatment on site.
Semrau was left alone with the injured man and two shots were heard. An unnamed witness is expected to testify he saw Semrau shoot the man.
Semrau was charged three months later, after Canada's military chiefs in Kandahar were made aware of the incident and ordered an investigation.
Neither Canadian, nor international law recognizes mercy killings.
Semrau joined the Canadian Forces in 2005 after serving several years with the British Armed Forces. His military career was unblemished before murder charges were laid in this landmark case.
There were reportedly several cases of Canadian soldiers killing prisoners on the battlefield in Korea and after D-Day in retaliation for the murder of Canadians by the German SS, but charges were never laid.
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A court martial got underway today accusing a Canadian soldier of murder for shooting a member of the Taliban on an Afghan battlefield. Captain Robert Semrau's case is believed to be a military and legal first.

Semrau, 38, is facing four charges for the 2008 death. He is accused of second-degree murder, attempted murder, behaving in a disgraceful manner, and negligently performing a military duty. It is alleged that he shot the man twice despite him being an unarmed and "seriously wounded" prisoner.

Court documents set a scene in which 36-year-old Semrau was in charge of a small group of soldiers caught in an ambush on October 19 last year. The Canadians were mentoring some new Afghan recruits, who were under British command. A United States Apache assault helicopter provided assistance to the group, who were in Lashkar Gah, Helmand, strafing the area.

After beating back their attackers the soldiers discovered a fighter with injuries deemed to be so severe that medical aid would be ineffective, along with a dead man. He was disarmed, his assault rifle having been captured. Shortly afterwards, with only Semrau near the man, two gunshots were heard. At least one eyewitness claims to have watched Semrau shooting the militant with his field rifle. Troops then moved on and the man's body was never recovered.

Captain Semrau was not investigated for two months, when his superiors heard of the alleged killing. He was ultimately arrested by the Canadian Forces National Investigation Service a month later and charged. He is now set to go on trial before Colonel Mario Duti, a military judge, and a five-member panel.

''The Canadian Press'' contacted Michel Drapeau, a retired lawyer and colonel. He says he believes it to be the first time Canada has launched a court martial for the death of a prisoner on the battlefield. "It's unprecedented in many, many respects. I can't remember any such incidents in the past 50 years and in the Second World War, I don't believe there was such a court martial."

There are a few recorded instances of alleged extra-judicial killing by Canadian soldiers, but no court martials for murder. Two Canadian soldiers faced a murder charge for the death of a teenager in Somalia in 1993 but the case was dropped; some evidence emerged during the inquiry that suggested another man may also have been killed illegally. More anecdotally, Canadians have been accused of similar murders in Korea and of shooting German prisoners for revenge during the second world war.