Soldier Semrau's fate in hands of jury
Last Updated: Saturday, July 17, 2010 | 11:45 PM ET
The Canadian Press
Related
Internal Links
Canadian Forces Capt. Robert Semrau is accused of killing a severely wounded insurgent during an encounter in Afghanistan's Helmand province in October 2008.
(Sean Kilpatrick/Canadian Press)The fate of a Canadian Forces captain charged with committing a battlefield murder in Afghanistan is now in the hands of a jury of his uniformed peers.
As the historic murder court martial entered its final phase, the four-member military panel began deliberations Saturday in the case of Capt. Robert Semrau, 36, charged with second-degree murder in the October 2008 shooting death of an injured Taliban fighter.
Military Judge Lt.-Col. Jean-Guy Perron took more than four hours to deliver his final instructions to the jury.
"It is not enough for you to find Capt. Semrau is probably guilty," Perron told jurors. "Likely guilt is not proof beyond a reasonable doubt."
Semrau never testified, and his lawyer presented no evidence in a trial that spanned four months. And Perron told the jury the accused man was under no obligation to do so.
Perron read 84 pages of legal instructions to guide deliberations. No one knows for certain when the panel will reach a verdict. Under law, their deliberations will remain forever secret.
The panel deliberated for about three hours on Saturday and will resume on Sunday morning.
Before beginning their task, the jurors asked Perron in a written question about Semrau's mental state, but the judge told them this issue was not raised during the trial. They were to restrict their deliberations to what was heard in court, he said.
The trial heard evidence that Semrau told fellow officers after the shooting that he simply wanted to put a wounded and dying enemy fighter out of his misery.
This dramatic legal-military saga began Oct. 19, 2008, on a dusty battlefield in the Taliban-infested Helmand province, just west of Kandahar, the province where most of Canada's soldiers are stationed.
Semrau was part of a team of Canadian Forces mentors to the Afghanistan National Army.
Following an intense firefight that pitted Canadian and Afghan forces against the Taliban, an insurgent lay on the verge of death. Semrau fired two rounds from his rifle into the dying man, the court heard.
An Afghan National Army captain, who was on the patrol with Semrau, testified the Taliban fighter was "98 per cent dead" when he was found.
The insurgent had been strafed by a U.S. helicopter gunship and witnesses described serious injuries, including a severed leg and a gaping hole in his abdomen.
Semrau faced two charges under the Criminal Code and two under the National Defence Act. The most serious is second-degree murder, which carries a mandatory life sentence with no parole eligibility for 10 years.
If the jury acquits him of second-degree murder, it will consider whether he is guilty of attempted murder.
Semrau is charged under the National Defence Act with behaving in a disgraceful manner and being negligent in performing his duty.
Based on Perron's instructions, the jury could acquit Semrau of the most serious charge — second-degree murder — if it finds a reasonable doubt that his decision to fire two rounds into a badly wounded insurgent actually contributed to his death.
"The fact that no body has been found is an important factor," Perron said, but he added that the prosecution does not have to provide a corpse to prove the offence.
Semrau's lawyer has argued the prosecution did not prove its case beyond a reasonable doubt. The prosecution has argued there was no doubt Semrau fired the fatal two rounds, and that the evidence shows he made self-incriminating statements.
Semrau is a married father of two girls and had a spotless record with the British and Canadian militaries.
He was joined in court by his wife, Amelie, and his older brother, Bill, who came from Western Canada.
Share Tools
Top News Headlines
- Online surveillance critics accused of supporting child porn
- A bill giving law enforcement new powers to access Canadians' electronic communications is expected to be introduced today, and Canada's public safety minister says the bill's critics are aligning themselves with child pornographers. more »
- Raitt offers new mediator in Air Canada dispute
- Federal Labour Minister Lisa Raitt is again intervening in a labour dispute at Air Canada, initiating a six-month mediation process after telling pilots and the company that any work stoppage would be contrary to the interests of Canadians. more »
- What to get your special someone on Valentine's Day
- For those looking for a last-minute Valentine's Day gift, here are some ideas — from the traditional to the outlandish. more »
- 12 Flag Day stories of patriotism
- Ahead of tomorrow's Flag Day celebrations, our readers shared some of their proudest Canadian moments. Here are some of the best. more »
Latest Canada News Headlines
- Raitt offers new mediator in Air Canada dispute
- Federal Labour Minister Lisa Raitt is again intervening in a labour dispute at Air Canada, initiating a six-month mediation process after telling pilots and the company that any work stoppage would be contrary to the interests of Canadians. more »
- Mandatory gun sentence struck down by Ontario judge
- An Ontario Superior Court judge has struck down a mandatory minimum sentence for a first offence of possessing a loaded firearm. more »
- 12 Flag Day stories of patriotism
- Ahead of tomorrow's Flag Day celebrations, our readers shared some of their proudest Canadian moments. Here are some of the best. more »
- B.C. drops plan to televise Vancouver riot trials
- The B.C. government is dropping its attempts to have trials in connection to the 2011 Vancouver riot televised, the provincial attorney general says. more »
On Tonight's National
Top stories
Shafia Jury Deliberations
- Dan Halton
- The jury in the Shafia murder trial begun deliberations today. Mohammad Shafia, his wife and his son are accused of killing four of their family members. They are charged with four counts of first-degree murder and have all pleaded not guilty to the charge.
Watch the Best of the Show
- Get Connected
- Syria cracks down on protesters, one day before an Arab League delegation arrives.
Stay Connected
- Carolyn Dunn
- An English soccer captain is facing racial abuse charges after an on-field exchange with another player.
The Current
- Panda Diplomacy Feb. 13, 2012 1:59 PM Zoos in Canada are getting ready to welcome two giant pandas despite concerns about whether this will actually generate revenue and awareness about conservation.
- Online surveillance critics accused of supporting child porn
- HMCS Corner Brook collision damage extensive
- Whitney Houston's body now at N.J. funeral home
- Mandatory gun sentence struck down by Ontario judge
- Stanley Cup rioter seen in brick attack on cop
- Mooning Queen proves costly for Australian man
- Whitney Houston estate value set to soar
- Man pleads guilty to murder of stepdaughter, 17
- Teen's Facebook post prompts dad to shoot computer

