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Capt. Robert Semrau, left, and his lawyers leave the military courtroom at Kandahar Airfield on June 26, 2010. (Bill Graveland / THE CANADIAN PRESS)

Judge to instruct jury today in Semrau trial

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Canada AM: Col. (Ret'd) Michel Drapeau reacts
A retired colonel weighs in on what he thinks the likely outcome will be after a military judge instructs the jury Thursday before deliberations begin in the court martial of Capt. Robert Semrau, who is charged with second-degree murder in the death of an unarmed and seriously wounded insurgent.

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Capt. Robert Semrau, left, and his lawyers leave the military courtroom at Kandahar Airfield on June 26, 2010. (Bill Graveland / THE CANADIAN PRESS)

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Capt. Robert Semrau, left, and his lawyers leave the military courtroom at Kandahar Airfield on June 26, 2010. (Bill Graveland / THE CANADIAN PRESS)

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Date: Thu. Jul. 8 2010 7:45 AM ET

GATINEAU, Que. — A judge is expected to instruct a jury today now that lawyers have finished their submissions in the court martial of a Canadian Forces captain.

Robert Semrau is charged with second-degree murder in the death of an Afghan insurgent in 2008.

Semrau's four-month trial heard he allegedly fired two rounds from his rifle into the dying enemy fighter, perhaps in an act of mercy.

Major Steve Turner, Semrau's lawyer, told the four-member military jury that the prosecution failed to prove its case beyond a reasonable doubt.

But the prosecutor, Lieutenant-Colonel Mario Leveillee, argued there was no doubt Semrau fired the fatal two rounds.

He said the evidence of other witnesses shows the captain also made a number of self-incriminating statements.

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