Manslaughter charge dropped against soldier
Last Updated: Tuesday, October 14, 2008 | 1:04 PM AT
CBC News
The Canadian military has dropped all charges against Master Cpl. Robbie Fraser in connection with an incident that led to the death of his friend, Master Cpl. Jeffrey Walsh.
The prosecution said it dropped charges against Master Cpl. Robbie Fraser following his help with new information in connection with a ballistics report. (CBC) Fraser, a native of Cornwall, P.E.I., was charged with manslaughter and negligent performance of duty in the death of Walsh, a Regina native. Both were stationed in Shilo, Man., with the Princess Patricia's Canadian Light Infantry.
"Two years — it's good to have it finally over with," said Fraser.
Walsh died during a routine patrol in Afghanistan in August 2006. He was hit with a round discharged from a soldier's gun while riding in a military vehicle.
The prosecution said it was withdrawing the charges because Fraser co-operated and provided it with new information in connection with a ballistics report.
The report suggested Fraser's gun was underneath Walsh's gun when it discharged. It scraped along Fraser's gun, pulling off the safety and possibly discharging the weapon.
Fraser has always maintained that he was not holding his rifle when it went off. There was no gunshot residue on him when he was examined in Afghanistan following the incident.
Fraser, whose trial had been scheduled to start Tuesday in Manitoba, said he was relieved to hear the charges were dropped, but his emotions were bittersweet because his friend is still gone.
"Jeff made a sacrifice that day and it's not going to change what happened that day," said Fraser.
"I don't feel any differently. It's been very hard, not just on me. It's been hard on both families, so it's good to have it over for both of us."
He said he's grateful for the support he has received over the years, including from Walsh's family, and he hopes he can now move on with his life.
His father, Kevin Fraser, echoed that feeling.
"It was very unexpected," he said.
"When it sank in, as I say, it was very good news. We can move on and not have this cloud kind of hanging over him."
Losing a brother 'painful enough': Julie Mason
The charges were controversial from the start, with even Walsh's widow coming out in support of Fraser. Julie Mason told CBC News in March 2007 she was angry manslaughter charges were even being considered.
"It's painful enough when a soldier loses a brother," said Mason.
"It's even harder when you lose a friend and it's your weapon that went off."
Fraser's lawyer had previously sought to have the charges dropped, arguing that manslaughter is a wilful act, and there was no wilful act in this case.
Had the case gone to military court and Fraser been found guilty, he faced life in prison and dismissal with disgrace from the Canadian Forces.
