Author Topic: Charges in Joshua Caleb Baker 2010 death  (Read 86251 times)

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Offline Old Sweat

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Charges in Joshua Caleb Baker 2010 death
« on: June 29, 2011, 20:54:35 »
The following story from the Ottawa Citizen is reproduced under the Fair Dealing provision of the Copyright act.


Two Canadian soldiers charged in death of colleague
 
Postmedia News June 29, 2011 8:30 PM
 
OTTAWA — Two Canadian soldiers have been charged with manslaughter in the death of Cpl. Joshua Caleb Baker.
 
In a statement released Wednesday, the Department of National Defence said that following an investigation by the Canadian Forces, Maj. Darryl Watts and Warrant Officer Paul Ravensdale face six charges and five alternate charges each in relation to the death of Baker and the injury of four other soldiers.

The incident occurred on a training range in Afghanistan on Feb. 12, 2010.

The 24-year-old Edmonton-based reservist died in an explosion during a "routine" training exercise at a range four kilometres north of Kandahar City.

Daniel Menard, who was then the commander of Canadian troops in Afghanistan, described the training at the time as "normal for soldiers in theatre" and "essential in helping them to maintain high levels on expertise."

The military was particularly tight-lipped about the death at the time.

On Wednesday, officials announced the charges against Watts and Ravensdale, which include manslaughter, four counts of unlawfully causing bodily harm and negligent performance of a military duty. In the alternative to manslaughter, the soldiers would be charged with the lesser offence of death by criminal negligence and in the alternative to unlawfully causing bodily harm, they would be charged with causing bodily harm by criminal negligence.

"It is alleged that the proper safety procedures were not followed during the training exercise. The case will now proceed through the military justice system," Defence Department officials said in a news release.

Following the incident in Afghanistan, the Canadian Forces National Investigation Service, the independent policing unit for the military, was called in to investigate the death and injuries.

Now that the charges have been laid, they will proceed through the military justice system, spokeswoman Capt. Karina Holder told Postmedia News. The charges will have to be approved and then may be sent to a court martial.

The officers face six charges and five alternate charges, meaning that the officers will not be charged under all 11.

"It is a serious charge and it's a tragic situation," Holder said. "Thankfully these types of charges are rare."

She said the last time the CFNIS laid a manslaughter charge was in 2007. Cpl. Matthew Wilcox was charged in the death of Cpl. Kevin Megeney. That court martial process is ongoing, Holder said.

Holder said Baker's family has been informed and requested privacy.

Baker's death was the first time in eight years that a Canadian was killed during a training accident in Afghanistan.

Fellow soldiers described Baker as a tough and strong natural leader with a "laugh rumoured to cure cancer."

Baker, who served with the Loyal Edmonton Regiment, was the 140th Canadian soldier and ninth reservist to be killed in Afghanistan. Now 157 soldiers have died.

Once regarded as weekend soldiers, the reservists now make up between 10 and 20 per cent of every rotation and perform many key jobs, as the regular forces have been stretched thin by repeated deployments in Afghanistan and Canada's military obligations elsewhere.


- mod edit to clean up thread title to parallel latest new charges -
« Last Edit: September 19, 2014, 17:48:21 by milnews.ca »

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Quote
The Canadian Forces National Investigation Service (CFNIS), the investigative arm of the Canadian Forces Military Police, today charged two Canadian Forces members for an incident that occurred on a training range in Afghanistan on February 12, 2010. The Officer in Charge, Major Darryl Watts, and the Range Safety Officer, Warrant Officer Paul Ravensdale, face six charges and five alternate charges each in relation to the death of Corporal Joshua Caleb Baker and the injury of four other soldiers.

Major Watts and Warrant Officer Ravensdale are each charged with the following:
  • one count of manslaughter, contrary to section 130 of the National Defence Act (NDA), pursuant to section 236(B) of the Criminal Code of Canada (CCC). In the alternate, one count of death by criminal negligence, contrary to section 130 of the National Defence Act (NDA), pursuant to section 220(B) of the Criminal Code of Canada (CCC);
  • one count of negligent performance of a military duty, contrary to section 124 of the National Defence Act;
  • four counts of unlawfully causing bodily harm, contrary to section 130 of the National Defence Act (NDA), pursuant to section 269 of the Criminal Code of Canada (CCC). In the alternate, four counts of causing bodily harm by criminal negligence, contrary to section 130 of the National Defence Act pursuant to section 221 of the Criminal Code.
It is alleged that the proper safety procedures were not followed during the training exercise. The case will now proceed through the military justice system ....
Source:  CFNIS news release, 29 Jun 11
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Two soldiers charged in corporal's death in Afghanistan
« Reply #2 on: June 29, 2011, 22:10:02 »
Just heard this on the news.

http://www.ctv.ca/CTVNews/TopStories/20110629/two-charged-in-death-of-cpl-joseph-baker-110629/

From CTV News

CTV.ca News Staff

Date: Wed. Jun. 29 2011 9:28 PM ET

Two soldiers are facing charges in connection with the death of another soldier during an incident on a training range in Afghanistan early last year.

The Canadian Forces National Investigation Service (CFNIS), the investigative arm of the Canadian Forces Military Police, said the two soldiers each face six charges, including manslaughter, in the death of Cpl. Joshua Baker.

The 24-year-old Edmonton native died on Feb. 12, 2010 during a training exercise in Kandahar city. The incident left four other soldiers injured.

Few other details were released about the circumstances surrounding Baker's death.

According to a news release issued by the CFNIS, Maj. Darryl Watts, who was the officer in charge at the time of the incident, and Warrant Officer Paul Ravensdale, the range safety officer, are each also charged with one count of negligent performance of a military duty, as well as four counts of unlawfully causing bodily harm.

"It is alleged that the proper safety procedures were not followed during the training exercise," the news release reads. "The case will now proceed through the military justice system."

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We will remind everyone that this is an open case and the accused deserve their day in court.

We won't have any speculation, rumour, innuendo or statements of (supposed) facts.

We'll let this unfold as we always do, as quiet professionals.

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Fmr OC Stabilization Company A PRT now facing charges
« Reply #4 on: January 12, 2012, 13:06:58 »
We will remind everyone that this is an open case and the accused deserve their day in court.

We won't have any speculation, rumour, innuendo or statements of (supposed) facts.

We'll let this unfold as we always do, as quiet professionals.


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All that said, the latest.....
Quote
The Canadian Forces National Investigation Service (CFNIS) yesterday laid additional charges in relation to the death of Corporal Joshua Baker and the injury of four other soldiers on a training range in Afghanistan in February of 2010. Major Christopher Lunney, who at the time was the Officer Commanding Stabilization Company A, a sub-unit of the Provincial Reconstruction Team in Kandahar, is charged with the following:

- three counts of Negligent Performance of a Military Duty, contrary to section 124 of the National Defence Act;
- two counts of Breach of Duty, contrary to section 130 of the National Defence Act, pursuant to section 80 of the Criminal Code.

It is alleged that range safety procedures were improperly applied in relation to the planning and execution of activities on the range that day.

In June of 2011, the CFNIS charged two of Major Lunney’s subordinates- Major (then Captain) Darryl Watts and Warrant Officer Paul Ravensdale, with six charges and five alternate charges each, the most serious of which was Manslaughter. Their cases are currently proceeding through the military justice system.

“The CFNIS conducted an exhaustive investigation into the events that occurred on the range that day in Afghanistan, and these charges reflect the seriousness with which the Canadian Forces regard weapons safety,” said Lieutenant-Colonel Robert Delaney, Commanding Officer of the CFNIS ....
CFNIS news release, 12 Jan 12

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Re: Fmr OC Stabilization Company A PRT now facing charges
« Reply #5 on: January 12, 2012, 13:13:13 »
All that said, the latest.....CFNIS news release, 12 Jan 12

Chris Lunney is a friend of mine. He's mentored young officers and been there, done that. Has several t-shirts. Damn what a way to find out.  :(
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Re: More Charges in Joshua Caleb Baker 2010 death
« Reply #6 on: September 12, 2012, 19:58:21 »
Bumped with the latest - a reminder:  Under Canada's Charter of Rights and Freedoms, "any person charged with an offence has the right .... to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal"
Quote
Major Christopher Lunney will face a General Court Martial commencing September 13, 2012, in relation to the death of Corporal Joshua Baker and the injury of four other soldiers on a training range in Afghanistan in February 2010.

When:             September 13, 2012 at 9:30 a.m.

Where:            Asticou courtroom (Room 2601), 241 de la Cité-des-Jeunes boulevard, Gatineau, Quebec

Maj. Lunney, who at the time was the Officer Commanding Stabilization Company A, a sub-unit of the Provincial Reconstruction Team in Kandahar, is charged with the following:

    three counts of Negligent Performance of a Military Duty, contrary to section 124 of the National Defence Act;
    two counts of Breach of Duty, contrary to section 130 of the National Defence Act, pursuant to section 80 of the Criminal Code.

It is alleged that range safety procedures were violated in relation to the planning and execution of activities on the range that day.

A General Court Martial is composed of a military judge and a panel of five members.

In June of 2011, the Canadian Forces National Investigative Service charged two of Major Lunney’s subordinates—Major (then Captain) Darryl Watts and Warrant Officer (retired) Paul Ravensdale—with six charges and five alternate charges each, the most serious of which was Manslaughter. In February 2012, the Director of Military Prosecutions preferred charges against each member; however, their courts martial have not yet been convened.
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Lunney pleads guilty, sentenced to reduction to Captain, severe reprimand
« Reply #7 on: September 13, 2012, 19:49:15 »
Shared in accordance with the "fair dealing" provisions, Section 29, of the Copyright Act.
Quote
A teary military officer has pleaded guilty to negligent performance of duty over a 2010 training incident that killed a reservist and injured four others in Afghanistan.

Four other charges were dropped by a military prosecutor.

As Maj. Christopher Lunney took the stand at his court martial to offer an apology, he had to stop several times to compose himself.

Cpl. Josh Baker died on a training range northeast of Kandahar and four others were wounded in February 2010.

An uncontested statement of facts entered at Lunney's trial says he failed to ensure a properly qualified officer was in charge of the exercise that day.

Two other soldiers still face courts martial on charges of manslaughter in relation to Cpl. Baker's death.
The Canadian Press, 13 Sept 12

Edited to add CF news release on sentencing:
Quote
Commander Peter Lamont, a Canadian Forces military judge, has sentenced Major Christopher Lunney to a reduction in rank to Captain and a severe reprimand in relation to the death of Corporal Joshua Baker and the injury of four other soldiers.

The incident occurred on a training range in Afghanistan in February 2010. At the time, Maj. Lunney was the Officer Commanding Stabilization Company A, a sub-unit of the Provincial Reconstruction Team in Kandahar.

General court martial proceedings against Maj. Lunney began on September 13, 2012, in Gatineau, Quebec. At the court martial, Maj. Lunney pleaded guilty to negligent performance of a military duty. Two other charges of negligent performance of a military duty and two charges of breach of duty with respect to explosives were withdrawn ....
« Last Edit: September 13, 2012, 20:08:15 by milnews.ca »
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Re: More Charges in Joshua Caleb Baker 2010 death
« Reply #8 on: September 13, 2012, 20:05:22 »
Major Lunney is a friend of mine.  This must have been terribly difficult for him....
So, there I was....

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Re: More Charges in Joshua Caleb Baker 2010 death
« Reply #9 on: September 13, 2012, 21:07:12 »
Major Lunney was my platoon commander back in the nineties. Damn. Will wait and see what happens.
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Re: More Charges in Joshua Caleb Baker 2010 death
« Reply #10 on: September 14, 2012, 05:15:07 »
I just dead that he received a severe reprimand and a reduction in rank to captain.
So, there I was....

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Re: More Charges in Joshua Caleb Baker 2010 death
« Reply #11 on: September 14, 2012, 06:52:50 »
I just dead that he received a severe reprimand and a reduction in rank to captain.

Yes.

He plead guilty, accepted the responsibility, and I think that's pretty much the picture of honour and integrity. He made a grievous mistake but did the right thing in the aftermath. I hope it brings some closure to the family, and I'm pleased that in the wake of the horror, he set a strong example for how an officer should act.
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Re: More Charges in Joshua Caleb Baker 2010 death
« Reply #12 on: September 14, 2012, 08:29:52 »
Yes.

He plead guilty, accepted the responsibility, and I think that's pretty much the picture of honour and integrity. He made a grievous mistake but did the right thing in the aftermath. I hope it brings some closure to the family, and I'm pleased that in the wake of the horror, he set a strong example for how an officer should act.

Just read about this in the news. I could not agree more.

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Re: More Charges in Joshua Caleb Baker 2010 death
« Reply #13 on: September 14, 2012, 09:20:52 »
A Vancouver Sun article..........

Teary officer pleads guilty in 2010 training-range death in Afghanistan
 By Bruce Cheadle, The Canadian Press September 13, 2012
Article Link

 GATINEAU, Que. - A decorated Canadian Forces officer was hailed by a military prosecutor for his "integrity and honour" Wednesday even as he pleaded guilty to negligent performance of duty.

Maj. Christopher Lunney, 42, had to pause to compose himself several times as he told a court martial of his shock and remorse over the friendly-fire incident in Afghanistan that took the life of Cpl. Josh Baker and wounded four others.

"I can offer no words of regret or apology that will address their loss," Lunney said of the Baker family.

Lunney's was the first of three courts martial resulting from the February 2010 training incident at a range northeast of Kandahar, when an explosive Claymore mine packed with 700 steel balls raked a Canadian Forces platoon.

The agreed statement of facts entered with his guilty plea may hint at the defence that will be mounted when two other soldiers under Lunney's command are tried on charges of manslaughter in relation to Cpl. Baker's death.

The court martial heard that the reservists involved in the incident "had been validated and declared operationally ready for deployment" to Afghanistan, but that they had received no training with the C19 explosive, also known as a Claymore, that killed Cpl. Baker.

The court martial also heard that, unbeknownst to Lunney, the captain leading the platoon training that day — who has since been promoted to major — had no training or qualifications on the C19, and in fact had never used a Claymore before the deadly explosion.

Lunney's negligence was in failing to ensure that Capt. Darryl Watts was properly qualified, something the major had assumed because of Watts' rank at the time.

Four other charges against Lunney were dropped.

"What transpired that day in Afghanistan was an avoidable incident," Lunney's civilian lawyer, Phillip Millar, told the court martial, adding there were "triable issues" that could have been mounted in his client's defence.

Instead, Lunney had instructed his lawyer that "the buck stops with me."

Cmdr. Peter Lemont, the presiding judge, accepted a joint sentencing agreement that will see Lunney demoted to captain and receive a severe reprimand.

The military prosecution in its sentencing submission noted the seriousness of the incident and its tragic consequences and said Lunney's demotion was needed for general deterrence.

"Maj. Lunney's words make it clear that specific deterrence is not at issue here," added Maj. Anthony Tamburro.

The prosecutor also praised Lunney's swift action after the incident, co-ordinating the rescue efforts and then securing the scene for military investigators, including collecting witness statements, photo and video evidence and waiving his own right to counsel.

"Major Lunney has acted with integrity and honour in the aftermath," said Tamburro, as Lunney's wife sat in the near empty court.

Lunney has served as a Canadian Forces liaison with families of slain soldiers, and delivered nine Canadian flags from their caskets during the course of his duties.

"I have seen that sorrow first hand," Lunney told the hearing, his voice cracking.

He also survived a bomb blast that destroyed his Iltis vehicle in Bosnia in 1994, and testified he knows the mental and physical strength required to recover.

Six weeks before the training incident, the stabilization force to which Lunney was attached suffered a deadly roadside bomb blast, killing four Canadians, including journalist Michelle Lang.

Stripping Lunney of his major's rank, said his lawyer, is no small matter.

It's a rank, Millar told the court, Lunney achieved "literally, not figuratively, through his own blood, sweat and tears and that of his family."
end
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Re: More Charges in Joshua Caleb Baker 2010 death
« Reply #14 on: September 14, 2012, 09:29:15 »
I'd expect no less of Captain Lunney.  He is indeed a man of honour.  As stated previously in this thread, he has accepted his responsibility.

This part is telling of his character:

Quote
"What transpired that day in Afghanistan was an avoidable incident," Lunney's civilian lawyer, Phillip Millar, told the court martial, adding there were "triable issues" that could have been mounted in his client's defence.

Instead, Lunney had instructed his lawyer that "the buck stops with me."


A shitty situation, but I think that Captain Lunney has demonstrated strong leadership.  My  :2c:
So, there I was....

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Re: More Charges in Joshua Caleb Baker 2010 death
« Reply #15 on: September 14, 2012, 09:51:04 »
I glad to see that they are also stopping with a demotion in rank, and a severe reprimand, although there may be many who think it is not enough.  When you have a good troop like this, it's always a good idea to do your best to retain them in the forces.

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Re: More Charges in Joshua Caleb Baker 2010 death
« Reply #16 on: September 14, 2012, 11:52:36 »
I glad to see that they are also stopping with a demotion in rank, and a severe reprimand, although there may be many who think it is not enough.  When you have a good troop like this, it's always a good idea to do your best to retain them in the forces.

This is a terrible unfortunate situation. But I am curious as to what a severe reprimand entails?
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Re: More Charges in Joshua Caleb Baker 2010 death
« Reply #17 on: September 14, 2012, 17:58:23 »
Great honor from the Capt. I do believe that a severe repremand is a written letter etc. that is permanently on his file.

I do agree that there are some people that would say it is not enough. As a former member this makes me proud to hear that he took responsibility for his actions. I would serve under this officer any day. Much respect for him.
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Re: More Charges in Joshua Caleb Baker 2010 death
« Reply #18 on: September 14, 2012, 20:36:15 »
I know Chris personally. He is a true gentleman and a fine officer. He did the right thing, as opposed to others have done in the past.


Chris  :salute:
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Re: More Charges in Joshua Caleb Baker 2010 death
« Reply #19 on: November 11, 2012, 12:21:20 »
The latest update from the Winnipeg Free Press. Reproduced under the Fair Dealings Section of the Copyright Act.

Quote
Court martial for Calgary reservist begins after fatal training accident in Afghanistan

By: Bill Graveland, The Canadian Press
Posted: 3:01 AM

CALGARY - The lawyer for a Canadian soldier charged after a landmine explosion killed a colleague on a training range in Afghanistan says his client isn't guilty of a crime. But the prosecution contends that Maj. Darryl Watts's supervision of the range on the day in question was negligent to the point that criminal charges are justified. Watts, a Calgary reservist, faces a court martial this week on a charge of manslaughter and five other offences.

Cpl. Joshua Baker, 24, died on Feb. 12, 2010 at a range four kilometres northeast of Kandahar city when an explosive Claymore mine packed with 700 steel balls raked a Canadian Forces platoon. Four other soldiers were wounded. Watts is also charged with one count of negligent performance of a military duty and four counts of unlawfully causing bodily harm. He was a captain at the time and the officer in charge the day of the accident.

"My personal view is that Darryl Watts didn't do anything wrong here and certainly didn't do anything criminal, and hopefully the evidence will bear that out," said his civilian lawyer, Balfour Der, in an interview with The Canadian Press.

"Legally, it's a very interesting case in that they've charged my client with manslaughter for a negligent act," he said. "There aren't very many cases where the prosecution charges manslaughter and then relies on negligence. Usually the charge is criminal negligence causing death."

The court martial will be similar to regular court proceedings, except the judge will be a senior military officer and the jury will be made up of five other officers who will determine whether Watts is guilty.
"What the prosecution is alleging is the way that range was conducted on the day in question was negligent to the point of attracting criminal liability," explained Maj. Tony Tamurro, the prosecutor from the Office of the Judge Advocate General.

"No one is alleging anyone here intentionally committed an offence," he said.

"What we're saying is that their standard was such a departure from the norm that it attracts criminal liability. So from that point of view, it's not an intentional offence."

If convicted, Watts could be sentenced to prison time in the Canadian Force's detention barracks in Edmonton or in a regular correctional facility. Lesser punishments can include dismissal from the military, a reduction in rank or a fine.

Two other Canadian Forces personnel were charged following the accident. Warrant Officer Paul Ravensdale, who was the safety officer at the firing range, faces identical charges to Watts. Last September, Maj. Christopher Lunney, who had been leading the platoon on the day of the explosion, pleaded guilty to negligent performance of duty while four other charges were dropped. He was demoted to captain and received a severe reprimand.


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Re: More Charges in Joshua Caleb Baker 2010 death
« Reply #20 on: November 14, 2012, 14:35:37 »
Tribunal hears negligence killed soldier

It was supposed to be a simple day on the firing range. But due to the negligence of a Canadian Forces reservist, it turned deadly tragic, a prosecutor told a Calgary court martial Tuesday.

Anthony Tamburro told a panel consisting of five senior military officer the criminal negligence of Maj. Darryl Watts, then a platoon captain stationed in Afghanistan, was to blame for the death of Cpl. Joshua Baker.

Baker was one of the soldiers under Watts' command on Feb. 12, 2009, when a training exercise went horribly wrong.

That day "was supposed to be just a simple day at the range," Tamburro said, in his opening address to the five-man panel. "It turned out not to be a simple day ... the day ended in tragedy."

Watts, 44, faces six charges in connection with Baker's death, the most serious being manslaughter.

More at link
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Re: More Charges in Joshua Caleb Baker 2010 death
« Reply #21 on: November 26, 2012, 21:30:32 »
http://cnews.canoe.ca/CNEWS/Crime/2012/11/26/20386706.html

Reservist says he wasn't in charge of range where soldier killed

By Kevin Martin, Calgary Sun

 
Maj. Darryl Watts, the Calgary army reservist charged with manslaughter in an Afghan training exercise, testified Monday he was not the officer in command of the firing range.

And Watts told defence lawyer Balfour Der he wasn't even familiar with the C19 mines, which were test fired at the end of the Feb. 12, 2010 drill northeast of Kandahar city.
Watts, testifying at his Calgary court martial hearing at Mewata Armoury, said he delegated the responsibility of the C19 range to his second-in-command, Warrant Officer Paul Ravensdale.
He said he was only in charge of one of the four ranges set up at Kan Kala, in the desert just northeast of Kandahar.

"Each range ... was under the supervision of one individual who was trained to conduct that range," Watts told a five-member jury panel of senior officers presiding over his court martial.
Watts, 42, faces six charges, including manslaughter in connection with the explosion which killed Cpl. Joshua Baker and injured four other soldiers who were members of his platoon. 
 
If convicted Watts could face a number of punishments, from a reduction in rank, to imprisonment.
Ravensdale is to face a similar hearing on the same charges in the new year.

Watts' hearing continues.
 
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Re: More Charges in Joshua Caleb Baker 2010 death
« Reply #22 on: December 01, 2012, 20:02:28 »
Calgary major's manslaughter verdict in hands of jury
The Canadian Press Posted: Dec 1, 2012 5:24 PM MT Last Updated: Dec 1, 2012 5:23 PM MT



Maj. Darryl Watts faces six charges, including manslaughter, in the Afghanistan training range death of 24-year-old Cpl. Josh Baker. (Jonathan Hayward/Canadian Press)

The fate of a Canadian reservist charged in a fatal training accident in Afghanistan has been placed in the hands of a military jury.

Maj. Darryl Watts, 44, faces charges that include manslaughter, unlawfully causing bodily harm, breach of duty and negligent performance of duty.

Cmdr. Peter Lamont, the military judge overseeing the court martial in Calgary, delivered a two-hour charge to the five-member jury panel late Saturday afternoon.

"The time has come for you to make your finding," said Lamont. "You have now heard all of the evidence. In every court martial there are two judges. I am one — you are the other," he said.

"You are the judges of the facts. You — not I — will determine the evidence in this case."

Cpl. Josh Baker, 24, died and four other soldiers were injured when a Claymore anti-personnel mine, packed with 700 steel balls, peppered their platoon on a training range near Kandahar city in February 2010.

The Crown argues that Watts, who was the platoon commander, turned a blind eye to safety standards and abdicated his duty as a leader during the exercise.

"Maj. Watts, being the platoon commander having ordered his platoon onto that range, is responsible for the conduct of the range," said senior prosecutor Maj. Tony Tamburro in an interview with reporters Saturday.

"He can delegate certain tasks to his subordinates but he still remains accountable for the way those tasks are performed."

The defence counters that Watts had no training on the Claymore, so he handed over responsibility for safety to his second-in-command, who was an expert on the weapon.

Cmdr. Lamont told the panel it had to be sure within a reasonable doubt that Watts was guilty of the charges he has been charged with and that every person charged with an offence is presumed to be innocent.

"You must find the accused innocent of the offence unless the prosecution proves it beyond a reasonable doubt," said Lamont.

The platoon, which was stationed at Camp Nathan Smith in Kandahar city, usually visited the Kan Kala firing range about once a month.

The day of the accident the range was divided into four training sections.

The first two tests of the anti-personnel mine went off without a hitch. But when the second firing occurred, the ball bearings fired backwards, hitting Baker and four others.

Videos of the accident show several soldiers, including Watts, standing around watching the tests. They were not inside armoured vehicles or standing behind them for cover, as set out in Canadian Forces safety guidelines.

Maj. Tamburro acknowledged that it was a difficult case to prosecute.

"Negligence cases are always somewhat difficult because we're not alleging crimes of intent here. No one has ever alleged that Maj. Watts intentionally harmed anyone or killed anyone," Tamburro said.

Cmdr. Lamont also warned the jury not to go beyond deciding the guilt or innocence of the accused.

"Punishment has no place in your discussion or in your decision," said Lamont.

"It is my job — not yours — to decide what kind of punishment is appropriate."
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Re: More Charges in Joshua Caleb Baker 2010 death
« Reply #23 on: December 01, 2012, 20:13:39 »
Seek and accept responsibility

"The defence counters that Watts had no training on the Claymore, so he handed over responsibility for safety to his second-in-command, who was an expert on the weapon."

Or not.

Lunney did, now this guy needs too.
« Last Edit: December 02, 2012, 16:17:00 by Sheep Dog AT »
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Re: More Charges in Joshua Caleb Baker 2010 death
« Reply #24 on: December 04, 2012, 16:55:14 »
http://www.ctvnews.ca/canada/calgary-reservist-maj-darryl-watts-found-not-guilty-of-manslaughter-1.1065608

Quote
A military jury has found a Calgary reservist not guilty of manslaughter, but guilty of negligent performance and unlawfully causing bodily harm, more than two years after a deadly training accident in Afghanistan.
Maj. Darryl Watts, 44, was also found not guilty of two counts of breach of duty.
The five-member military panel produced the verdict after deliberating for four days.
PHOTOS
 
Capt. Darryl Watts speaks during an interview with The Canadian Press in Calgary Wednesday, Dec. 8, 2010. (Jonathan Hayward / THE CANADIAN PRESS)
Watts faced a court martial on six charges that included manslaughter, unlawfully causing bodily harm, breach of duty and negligent performance of duty.
Cpl. Josh Baker, 24, died and four other soldiers were injured after a Claymore anti-personnel mine struck their platoon on a training range near Kandahar city in February 2010. Watts -- who held the rank of captain at the time and was the platoon commander -- was accused of failing to ensure the safety of his charges.
The Crown prosecutor argued that Watts abdicated his duty as a leader and failed to ensure his troops followed proper safety standards. Watts' lawyers, meanwhile, argued that he had no training on the Claymore mines and was not qualified to run a firing-range exercise -- something he had made clear to his superiors.
After voicing his concerns, the defence said, Watts handed over responsibility for the troops' safety to his second-in-command, Warrant Officer (ret'd) Paul Ravensdale, an expert on the explosive mine involved.
In court testimony last week, Watts admitted he was in charge of the platoon but not the specific training exercise that killed Baker.
The prosecution, however, called a number of witnesses in an attempt to demonstrate that Watts had the authority to either move the soldiers further away or cease the exercise altogether, and was therefore ultimately responsible for what happened.
Three of the soldiers who were injured in the blast took the stand during the court martial, describing the incident as a disorganized training exercise where some soldiers were given safety briefings while others were not.
None of them felt that Watts was responsible, however, saying he was a conscientious leader.
Military judge Cmdr. Peter Lamont instructed the five-member panel to use their "common sense and experience" in reaching a verdict.
Capt. Christopher Lunney -- the superior officer to both Watts and Ravensdale -- pleaded guilty in September to negligent performance of a military duty. He had his rank of major reduced.
Ravensdale faces the same charges as Watts, but his court martial has not yet been convened.
Canada's combat mission in Afghanistan ended in 2011. In total, 157 Canadian soldiers were killed over nine years.
Close to 1,000 Canadian military personnel remain in the country, serving in training roles.


Read more: http://www.ctvnews.ca/canada/calgary-reservist-maj-darryl-watts-found-not-guilty-of-manslaughter-1.1065608#ixzz2E7fNCP7g