A military panel comprised of four Canadian Forces (CF) members has found Captain Robert Semrau guilty of disgraceful conduct in the shooting death of a wounded insurgent that occurred in Afghanistan in October 2008.
In summary, the military panel reached the following verdict:
Not guilty: Charge of Second-degree murder, contrary to Section 130 of the National Defence Act, pursuant to Section 235(1) of the Criminal Code;
Not guilty: Charge of Attempting to commit murder with a firearm (alternative to the Charge of Second Degree Murder) - contrary to Section 130 of the National Defence Act, pursuant to Section 239(1)(a.1) of the Criminal Code;
Guilty: Charge of Behaving in a disgraceful manner – contrary to Section 93 of the National Defence Act; and
Not guilty: Charge of Negligent performance of a military duty - contrary to Section 124 of the National Defence Act.
The sentence will be determined at a later date.
Captain Semrau was arrested on December 31, 2008, by the Canadian Forces National Investigation Service and charged with second-degree murder while deployed in Afghanistan as Commander of an Operational Mentor Liaison Team. Captain Semrau was released from custody with conditions on January 7, 2009. On September 17, 2009 three additional charges were brought forward to Court Martial, which began on January 25, 2010 at the Asticou Center in Gatineau, Québec.