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Topic: Accidental discharges in the military (Read 2997 times)
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Mike Blais
SSM (NATO Bar), CPSM, UN-Cyp, CD
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A ROYAL CANADIAN "NEVER PASSES A FAULT"
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When will those in command realize, no matter how hard one tries, accidents DO happen. We are soldiers, not freaking machines...
Soldier charged in shooting of comrade faces court martial
By CHRIS MORRIS The Canadian Press
Sat. Oct 13 - 5:32 AM
FREDERICTON — A Canadian soldier charged in the shooting death of a fellow soldier in Afghanistan will face a court martial on charges of manslaughter and negligent performance of duty, the Canadian Forces director of military prosecutions confirmed Friday.
Master Cpl. Robbie Fraser will face a military trial on charges related to the death of Master Cpl. Jeff Walsh during a patrol on an Afghan road on Aug. 9, 2006, said navy Capt. Holly MacDougall.
The decision comes despite the fact members of both the Walsh and Fraser families have expressed doubt about the need for prosecution. The families say that the two men were friends, as well as comrades.
Fraser was originally charged in March. Under military law, several subsequent stages had to be completed before a decision was made on whether to go ahead with a military trial.
"Military prosecutors consider two main issues when deciding whether to prosecute a charge at court martial: whether the evidence is sufficient to provide a reasonable prospect of conviction and whether the public interest requires a prosecution be pursued," MacDougall said in the statement.
The charges against Fraser were reviewed by his battalion commander and the prosecution service. Both could have halted legal proceedings if it was deemed in the interest of the Canadian Forces and the public.
Kevin Fraser of South Rustico, P.E.I., Robbie Fraser’s father, said it is his understanding the shooting was the result of an accidental discharge of a weapon.
"I’m very disappointed with the decision and very disappointed that they (military investigators) dragged it out so long," he said in an interview.
"It has been over a year now. My son is off on a course now and they couldn’t even wait until Monday to break this."
The Canadian military considers the accidental discharge of a weapon an inexcusable error for a soldier, and charges of this type usually proceed to trial by court martial.
The victim’s father, Ben Walsh, relayed his support to the Fraser family on Friday.
"Our sympathy goes out to all of the Fraser family," Walsh said in an interview from his Regina home. "I guess two wrongs don’t make a right."
Robbie Fraser, 30, is a member of the 2nd Battalion, Princess Patricia’s Canadian Light Infantry Regiment, based at Canadian Forces Base Shilo in Manitoba.
Walsh was also based at Shilo. He was married with three children.
Family members say they were told Walsh was seated beside the driver of a cramped, G-wagon armoured vehicle patrolling a bumpy road near Kandahar when another soldier’s gun discharged inside the vehicle.
Walsh, 33, died from a single gunshot.
No date for the court martial has been set, but it will be held at CFB Shilo.
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1RCR 1977-79 Depot (Italy PL), B Coy, Mortars, Pioneers, D Coy (CFB London)
3RCR 1979-82 M Coy, Pipes & Drums, Sigs, Mortars. (CFB Baden-Soellingen)
1RCR 1982-88 Mortars. Dukes, Cyprus-Welfare NCO 84-85, Injured, WO&Sgts Mess, (CFB London)
1988-92 Med-remuster to HELL/ 35 DU, CFB Baden
1992 Medical release. God Bless you all!
Pro Patria
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Mike Blais
SSM (NATO Bar), CPSM, UN-Cyp, CD
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A ROYAL CANADIAN "NEVER PASSES A FAULT"
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Soldier charged in colleague's death
The Canadian Press
October 25, 2007 at 12:39 PM EDT
HALIFAX — A Canadian soldier was charged Thursday in the fatal shooting of a colleague in Afghanistan early this year.
Corporal Matthew Wilcox, a reservist from Glace Bay, N.S., and a member of the 2nd Battalion of the Nova Scotia Highlanders, has been charged with manslaughter following a lengthy investigation by the military.
He's also charged with criminal negligence causing death and negligent performance of duty, stated a release from the National Investigation Service.
Corporal Kevin Megeney of New Glasgow, N.S., was killed on March 6 while in a tent on the Kandahar air field.
Cpl. Megeney's father, Dexter Megeney, said military officials came to the family home in Stellarton, N.S., on Thursday to inform him of the charges.
“We're letting them do their job,” he said of the military prosecutors. “We're not out for blood or anything.”
It's not clear what happened to Cpl. Megeney or why Cpl. Wilcox, who was a close friend of the young soldier, had a loaded gun in the tent where the incident happened.
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1RCR 1977-79 Depot (Italy PL), B Coy, Mortars, Pioneers, D Coy (CFB London)
3RCR 1979-82 M Coy, Pipes & Drums, Sigs, Mortars. (CFB Baden-Soellingen)
1RCR 1982-88 Mortars. Dukes, Cyprus-Welfare NCO 84-85, Injured, WO&Sgts Mess, (CFB London)
1988-92 Med-remuster to HELL/ 35 DU, CFB Baden
1992 Medical release. God Bless you all!
Pro Patria
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Mike Blais
SSM (NATO Bar), CPSM, UN-Cyp, CD
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A ROYAL CANADIAN "NEVER PASSES A FAULT"
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Date set for soldier's court martial
Fri Jan 25, 1:31 PM
A date has been set for the court martial of P.E.I. soldier Master Cpl. Robbie Fraser, who is charged with manslaughter and negligent performance of duty in the death of a fellow serviceman.
The charges stem from an incident in Afghanistan in August 2006, when Master Cpl. Jeff Walsh was killed on patrol.
Fraser and Walsh were on patrol on an Afghan highway. The two soldiers were reportedly travelling in the cramped confines of a G-wagon armored vehicle on a bumpy road when Fraser's gun discharged.
The court martial date has been set for Oct. 14. The case is expected to take about three weeks.
The families of both Fraser and Walsh have expressed anger over the charges.
Fraser's lawyer failed in his efforts to have the charges dropped, arguing manslaughter is a wilful act and there was no wilful act in this case.
Fraser, originally from Cornwall, P.E.I., is stationed at CFB Shilo in Manitoba.
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1RCR 1977-79 Depot (Italy PL), B Coy, Mortars, Pioneers, D Coy (CFB London)
3RCR 1979-82 M Coy, Pipes & Drums, Sigs, Mortars. (CFB Baden-Soellingen)
1RCR 1982-88 Mortars. Dukes, Cyprus-Welfare NCO 84-85, Injured, WO&Sgts Mess, (CFB London)
1988-92 Med-remuster to HELL/ 35 DU, CFB Baden
1992 Medical release. God Bless you all!
Pro Patria
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Regt Adjt
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And i doubt that in a war of another age that any of this would be happening...ahhh progress....ranrad
Actually, on 30 August 1918, 214215 Pte J.L. Shook of The Royal Canadian Regiment was tried and convicted by Field General Court Martial for a negligent discharge. The charge: The accused No 214215 Private John Leonard SHOOK, The Royal Canadian Regiment, a soldier of the Regular Forces, is charged with:-
“When on active service, Conduct to the Prejudice of Good Order and Military Discipline, in that he, at ARRAS on the 29th August 1918 did negligently discharge a rifle thereby causing a wound to one Private SPENCER, The Royal Canadian Regiment.
The finding - Guilty The Punishment - 30 days Field Punishment Number 1 |
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Mike Blais
SSM (NATO Bar), CPSM, UN-Cyp, CD
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A ROYAL CANADIAN "NEVER PASSES A FAULT"
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Very interesting. I must say, I am curious as to just exactly Field Punishment #1 was.
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1RCR 1977-79 Depot (Italy PL), B Coy, Mortars, Pioneers, D Coy (CFB London)
3RCR 1979-82 M Coy, Pipes & Drums, Sigs, Mortars. (CFB Baden-Soellingen)
1RCR 1982-88 Mortars. Dukes, Cyprus-Welfare NCO 84-85, Injured, WO&Sgts Mess, (CFB London)
1988-92 Med-remuster to HELL/ 35 DU, CFB Baden
1992 Medical release. God Bless you all!
Pro Patria
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Regt Adjt
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Major E. W. Pope (The RCR), in his book The Canadian Officer's Guide To The Study Of Military Law (1916), presented the following description of Field Punishments: 109. RULES FOR FIELD PUNISHMENT AND THE KEEPING OF CONDUCT SHEETS
1. For any offence committed on active service an offender may be sentenced, by his commanding officer, to twenty-eight days' Field Punishment, and by a Court Martial to three months' Field Punishment.
Field Punishment is of two kinds:
(a) Field Punishment No. 1.
(b) Field Punishment No. 2.
2. Where an offender is sentenced to Field Punishment No. I, he may, during the continuance of his sentence, unless the Court Martial or the commanding Officer otherwise directs, be punished as follows:
(a) He may be kept in irons, i.e. in fetters or handcuffs, or both fetters and handcuffs; and may be secured so as to prevent his escape.
(b) When in irons he may be attached for a period or periods not exceeding two hours in anyone day to a fixed object, but he must not be so attached during more than three out of any four consecutive days, nor during more than twenty-one days in all.
(c) Straps or ropes may be used for the purpose of these rules in lieu of irons.
(d) He may be subjected to the like labour, employment, and restraint, and dealt with in like manner, as if he were under a sentence of imprisonment with hard labour.
3. Where an offender is sentenced to Field Punishment No. 2, the foregoing rule with respect to Field Punishment No. 1 shall apply to him, except that he shall not be liable to be attached to a fixed object as provided by paragraph (b) of Rule 2.
4. Every portion of a Field Punishment shall be inflicted in such a manner as is calculated not to cause injury or to leave any permanent mark on the offender; and a portion of a Field Punishment must be discontinued upon a report by a responsible medical officer that the continuance of that portion would be prejudicial to the offender's health.
5. Field Punishment will be carried out regimentally when the unit to which the offender belongs or is attached is actually on the move, but when the unit is halted at any place where there is a provost marshal or an assistant provost marshal the punishment will be carried out under that officer. |
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Mike Blais
SSM (NATO Bar), CPSM, UN-Cyp, CD
Ultimate 2000+ Member
Offline
Gender:
Posts: 3248
A ROYAL CANADIAN "NEVER PASSES A FAULT"
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Thanks!
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1RCR 1977-79 Depot (Italy PL), B Coy, Mortars, Pioneers, D Coy (CFB London)
3RCR 1979-82 M Coy, Pipes & Drums, Sigs, Mortars. (CFB Baden-Soellingen)
1RCR 1982-88 Mortars. Dukes, Cyprus-Welfare NCO 84-85, Injured, WO&Sgts Mess, (CFB London)
1988-92 Med-remuster to HELL/ 35 DU, CFB Baden
1992 Medical release. God Bless you all!
Pro Patria
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Doug Clarkson
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1. Accidental Discharges/Negligent Discharges what have you, let's face it troops one of the first and foremost responsibilities of any soldier is knowing the status of your weapon. As much as I feel for the families of MCpl Walsh, and MCpl Fraser, I have to play the Devils Advocate. If a person is driving a vehicle a little too fast for the road conditions, or is just not paying attention for a spit second and slides through an intersection and accidentally kills someone, it is a good possibility that that person is going to be charged with vehicular manslaughter. Its the Law of the Land troops, and we cannot believe that we are above the law, can we? Again I am playing the devils advocate here, because I firmly believe that MCpl Fraser is probably suffering far more than any court can put on him. I remember a friend by the name of Tony Smith that accidentally shot and killed his best friend in Rwanda, I saw Tony in Pet in 1998 a couple years after he was released from Jail and the military, and he certainly was not the same guy I remembered. Knowing that you have taken a friends life because of a stupid mistake must be the most terrible feeling, I consider myself a very strong person mentally, but you know I don't know how I would handle that. Again my heart goes out to all families involved in any of the negligent discharge incidents.
2. Tim, I remember hearing of this incident, I don't remember who told me, but I do remember the context of the conversation that it came out in. The context was how much of an A..hole this officer was. And like I said I don't remember who it was that I was talking with but I remember the guy saying "You know what that F...en Dickhead did to Tim McCully?" Anyway Tim just remember anyone that would do that to another person, let alone a Regimental Brother, definitely has something wrong with him, you don't. Take Care man.
3. Rick I also heard that, I heard that Roger Jumped off a bridge into the Fraser River, Billy I really hope what you have heard is true, I also was won of the guys that believed Roger Carr was a good man, and a good soldier, and would want to wish Roger all the best in his Business.
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Cornwallis 78 - 79, 1 RCR 79 - 84, Cyprus 84 - 85, 1 RCR: 85 - 89, Cyprus 89 - 90, 1 RCR 90 - 92, Kingston 92 - 94, 1 RCR 94,
Croatia 94 - 95, 1 RCR: 95 - 97, 3 RCR 97 - 98, Bosnia 98 - 99, 3 RCR 99, CFJSR Kingston 99 - 04, DAT Kingston 04 - 07, Retired: 07, Class "B" BCWO Assistant CFB Kingston 07 - Present
UNFICYP 2, UNPROFOR, NATO Former Yugo, CFPSM, QGJM, CD1
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Tim McCully
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I enjoyed your story Bob, and thanks for the advice. As it is I can and never will forget the good brothers i met and they are many still around me now. I was an outspoken individual who took along time in life to really learn when to shut up, and I still have my weak moments but I have learned and I have developed many good rlations with comrades from back in the day. Bob when I see you in August you will have to allow me to buy the first whatever, as a token of my appreciation to yourself and the men who came before me and helped to build the Regiment that I proudly served in and still do until God dismissess me! I may be a civy by appearence but don't be fooled, I love my regiment and the family it continues to provide me.See you soon my freind, and travel safely!
Tim
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1RCR (82-88) B coy 6pl, (84-85) UNFICYP- BBC coy Tpt, C coy 9pl, E coy Mortars, (88-90) CFB Halifax Base Chief's Staff, CFB Trenton Refinisher Tech.(90-92). UNFICYP,CPSM
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Bob Papp
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Hi Tim, I remember that night well.When that round went off all you could hear were para-flares launching.It was Lt. Smith that drew his Browning 9mm and fired it next to your head.Myself and other were speechless.It was a bizarre incident.No one pissed on your "grave", that would warrent a good beat down.You can E-mail me at pappsmear@hotmail.com if you want more details. PRO PATRIA old friend. |
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