In a nondescript courtroom in a sprawling government complex, that image was in sharp focus as the 36-year-old and his pregnant wife, Amelie Lapierre-Semrau, appeared Monday on Day 1 of his second-degree murder trial in the death of a Taliban fighter in Afghanistan on Oct. 19, 2008.
The high-profile case marks the first time a criminal charge has been laid against a Canadian soldier in Afghanistan involving the death of an alleged enemy fighter.
Semrau is charged with shooting a severely injured, unarmed combatant following a prolonged clash in Lashkar Gah, the capital of Helmand province.
"The problem with Semrau is if he had just let the person die he would have been fine, but if, as it is alleged, that he did shoot him, then it does become murder," said Chris Madsen, a professor at Canadian Forces College in Toronto who is an historian and military law expert.
It might be as long as two weeks before the details of the case become public because Semrau's lawyer, Maj. Steven Turner, has filed six applications challenging the constitutionality of the court martial.
The case has been dogged by controversy because Semrau, a member of the 3rd Battalion of the Royal Canadian Regiment, was not charged until almost two months after the alleged shooting, leaving critics scratching their heads as to why it took so long.
A predominant factor was that no body was recovered, court documents suggest.
Semrau, who holds a BA in psychology from the University of Saskatchewan, completed three years of service in the British army and was deployed to Macedonia and Afghanistan before he enrolled in the Canadian Forces in August 2005.
When he left the British army he was given an exemplary discharge.
Even so, one witness told investigators that he saw Semrau fire his rifle in the direction of the injured insurgent, who had been cut down in an American gunship attack.
On Oct. 19, 2008, Semrau was commanding a small team of Canadian soldiers of the Operational Mentor and Liaison Team, which was mentoring a company of soldiers from the Afghan National Army in a British area of operation.
A joint defence-prosecution "synopsis" of the incident filed in court last year states that a U.S. Apache helicopter was called in for support, after which the group discovered one dead insurgent and another with wounds "too severe for any type of treatment" in the field.
An assault rifle was taken from the injured man and he was photographed "in accordance with standard procedures." Semrau was allegedly seen firing his rifle at the man, and witnesses will say two shots were heard.
"Immediately afterward, all forces resumed the mission and the body of the severely wounded insurgent was left behind. That body has not been recovered," said the synopsis.
Despite the gravity of the case, Semrau, wearing his dress green army uniform, appeared to be in good spirits, periodically turning around to make eye contact with and smile at his wife, Amelie, who is a kindergarten teacher. The couple, who live in Petawawa with their 19-month-old daughter, Camea, have been married for about 10 years
Legal arguments, on issues ranging from holding the trial in Kandahar to scrapping the trial altogether, are to be dealt with before selection begins of a five-officer panel that will act as a jury.
Chief Military Judge Col. Mario Dutil began sorting through the arguments Monday by dismissing a defence application to have the panel members wearcivilian clothing instead of uniforms, and the lawyers – both defence and prosecution – wear gowns instead of uniforms.
"I am trying to remove a powerful visual symbol," said Turner.
Tuesday, Turner is to argue that since the alleged shooting happened in Afghanistan, the case should be heard on the military base in Kandahar. He is expected to take most of the day arguing his position.
Source:thestar.com/
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