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Semrau demoted, kicked out of Canadian Forces
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CTV.ca News Staff
Date: Tue. Oct. 5 2010 9:15 PM ET
Robert Semrau has been demoted and also dismissed from the Canadian Forces as punishment after he was convicted of disgraceful conduct in the shooting of an unarmed Afghan insurgent.
Military judge Lt.-Col. Jean-Guy Perron demoted Semrau from captain to second-lieutenant when handing down his sentence in a Gatineau, Que., courtroom on Tuesday morning.
"If you are committing a disgraceful conduct you cannot maintain that rank of leadership, which is the rank of captain," said Lt.-Col. Bruce MacGregor, director of military justice policy for the Canadian Forces.
Earlier this year, Semrau, 36, was convicted of disgraceful conduct in the October 2008 shooting of an unarmed enemy fighter who had been mortally wounded in Afghanistan.
At the time of the incident, Semrau had been on a mission with Afghan and Canadian soldiers to clear out Taliban insurgents from a part of Helmand province.
The soldiers came under attack and when the fighting stopped, one insurgent was killed and another was severely wounded.
Witnesses later said that after the fighting ended, Semrau returned to the site of the fighting with a Canadian soldier and an Afghan soldier and twice shot the wounded fighter at close range to put him out of his misery.
According to what the Canadian witness told Semrau's trial, the Canadian Forces captain said "it would be inhumane to leave (the wounded insurgent) like that, he was mortally wounded," said CTV's Daniele Hamamdjian when discussing the case on CTV News Channel on Tuesday morning.
Witnesses said the wounded insurgent whom Semrau shot had been strafed by a helicopter and had suffered a severed leg in the fighting.
The road to sentencing
Three months after the incident, Semrau was charged with second-degree murder, but he was acquitted of that charge at trial. Instead, he was found guilty of disgraceful conduct.
Semrau did not testify during his months-long trial, which wrapped up in July.
The judge told Semrau at his sentencing that his conduct on the battlefield had been "shockingly unacceptable."
"Your actions might have been motivated by honest belief you were doing the right thing," Perron said. "Nonetheless, you committed a serious breach of discipline."
Perron also told Semrau that he had set a poor example for his own troops.
Semrau sat quietly in the courtroom as Perron handed down his sentence during the hour-long hearing.
Perron said the case involving Semrau and the shooting of the unarmed insurgent was "unique," with no similar cases in existence.
The judge said the shooting was "completely out of character" for Semrau, but was also done without regard for the rules of the military.
Perron said Semrau would be dismissed from the military without disgrace, meaning that he could work for the Crown or the government in future. He did not order Semrau to serve any jail time.
Defence lawyer, Capt. David Hodson, said Semrau was "very disappointed" with the sentence.
"He's a warrior, he'd love to be serving the Canadian Forces and serving his country," Hodson told reporters outside the courtoom. Hodson said they are considering an appeal.
Experts say the sentence is harsh, but appropriate.
"It fits the crime and no more than the crime," said retired colonel Michel Drapeau.
Prior to his military trial, Semrau had a spotless record with the Canadian military.
With files from The Canadian Press
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I feel that if certain organs were in demand, less effort would be made to revive people. Am I being silly? Not really. I had a bad experience in hospital when my heart stopped, the doctors tried to revive me and failed. They stopped and said I was gone. I came around on my own when the nurse was giving a final BP reading of 'zero'. I heard her declare me dead! It was all I could do to shake my head but they never caught on til I was able to open my eyes. You should have seen them scramble then! I thought the nurse was going to faint. The thing is, I think we may write people off too soon when there is something of value to be gained from them.
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Comments are now closed for this story
Afghanistan Veteran
said
To all the bleeding hearts out there...ask yourself this question...do you think that every individual soldier in the battlefield should be allowed to decide who is "worth" receiving medical treatment and who should be taken out of their misery?? If the wounded individual was your son or daughter, wouldn't you want him or her to receive help?
Maybe Mr Semrau thought that it was the right thing to do, but unless you are ready to allow every single soldier to decide who should live or die, Mr Semrau was wrong.
I thing he was wrong, but I still wish him the best and really hope his conscience lets him sleep at night.
Hobbes
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A Canadian Soldier
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BABE
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Michael
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Rick @ Ottawa
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peter in MB
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Ian
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disgusted
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Edith
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Ian
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wo rob fransen CAF ret'd
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stevo
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retired major
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David, Mississauga
said
Sad day...
said
IS
said
There is no "clean way" to fight it and if the public can't stomach that reality, our soldiers shouldn't be over there.
Semrau did the right thing as a soldier and human being and is being dragged through the mud by suit & tie bureaucrats as an after thought. There should never have been a court martial to begin with.
Insurgents wouldn't for a second consider offering quarter to any captured or wounded ISAF troops or support personnel. In fact, the more likely scenario would be an orange jump suit, a video camera and a very big knife.
Shameful!
Kim Webster
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Cliff Ottawa
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I hope the Canadian military is now proud of it's political correctness! What battle honours are possessed by the judge? We need more of MEN like Semrau in the Canadian military.
If this backward, idiotic decision is allowed to stand, we have to be ashamed of ourselves as a nation. So should all our allies be!
Come on, Harper, this time political interference will only win you votes! Look at the tone of all the preceding commentary.
Allan Eizinas
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Cory
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CalgarySandy
said
Before you get all nuts about this and telling me all about the military, I come from a military family from WWI to the present including my mom and younger cousins. I am an historian who has studied Canada at war and this kind of behaviour was not ever acceptable. Of course it is done. Canadians also rape and pillage like all armies but we do not base our moral stance and rules of combat on the bad eggs.That slipperly slope seems to be what most of you want. Are we taking our cue from the Americans now.
michelle
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Rob North Bay
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Suzanne
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Drew in NS
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loops
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Brian O'Neil
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PD
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Old Soldier in MB
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Dave Rebbitt
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Drake
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Guy Griffith
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Val
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Army wife
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mimimin
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Tony B
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Dr.K
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wayne draper
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Fellow Royal
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Mike vdB - Chatham, ON
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Vet
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Frank
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I'm sure we'd all be speaking German right now!
Cheryl
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John Le Blancq
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sameo416
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JG Toronto
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Military Wife
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matt
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ex-RCR in BC
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Robert Semrau = right.
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JP
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Michael (Ottawa)
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Lynn - Tremblant
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Dennis Simonin
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Peter Matthews
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JDF, Calgary
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retired (WO)
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Wendy
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Chris
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Mike was there
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ANDREA
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Steve-O
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Jane
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DoubB in Alberta
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dtisk
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Sonia Hamilton
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LAC
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Rick
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So maybe it is time to get rid of the Concervatives, don't you think?
Patrick in Burlington
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Sid in MTL
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Not Surprised
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Becky
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Christine
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viral venus
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Jason
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Hero
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Hold your head up hight sir! You have not failed us, we have failed you.
M
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Howard in Brampton
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Jim
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Go figure.
MikefromQuebec
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Sue, Grand Bend
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Sonny, Fredericton, New Brunswick
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Pete in Victoria
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JW in Alberta
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John
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steve maguire
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Bill in Calgary
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Donaldbain
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Pat - Toronto
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LDL in ONT
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billv
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Glenn
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Gordon M. B arton
said
In time of war many things happen, including acts of mercy or compassion. It is well known through
out history that these thing happen.
Our military are very proud, but this is too much.
I understand the need for discipline but he should not be kicked out of the force. I expect he will lose all his benefits and pensions, while he is acting on our behalf to keep our country safe.
To say I am angry is an understatement, and I certainly hope the entire public backs him to APPEAL this sentence as being much to severe.
BOO to the Military Judge and the Military upper end on this one.
Make your comments known!
This is our country and sometimes we have to accept things we might not like,
I am really upset over this! .
Gord B. Manitoba
Dennis R
said
Prior to this stupidity Cpt. Robert Semrau held a SPOTLESS RECORD with our Canadian Military and this is the suport we give a soldier for a rather humane action towards another human being.
To that end I hope all you yong men and women out there take special note before enlisting with the Canadian Forces and if you do and find yourself in a simular sittuation just let that person lay there and rot in pure pain and hell on earth, that is what this trial says you should do if you find a person with both legs blown off and his guts spread out all over the place you must just sit there and watch this person dye a most horrible slow death.
God Bless Cpt. Robert Semrau and know the Canadian forces will not be the same with out your services. HOO RAH
Steph
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Jim
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Will
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RCR
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Richard in Ontario
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Mike who has been there
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Devil's Advocate
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Paul ~ Kitchener
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Bulldog
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charlie
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Brent
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Nicole
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Sven
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barbara switzer
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Donny in Edmonton
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Michael Warren
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TT Petawawa
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Dennis R
said
Sir, even though a civilian I salute you Sir and off my cap to you.
No mater the out come I know you will walk tall with you head high as you should well do.
What you did was the right and humane thing to do and I like thousands of Canadians aplaude you actions.
It is so sad that you work for a thankless task master the Canadian Federal Government who only care about votes rather than their military personal and how they put their lives on the line day after day, but know this Capt. we Canadians see and know what you are doing for us and I hope that is a help to you in your time of need, God beless you and walk at your side at all times.
HOO RAH
Kay
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mining guy Jim
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Vickie B
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Bulldog
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Isabelle - MTL
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Capt (ret'd) Usher
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Rob from North Bay
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Cheryl in Ottawa
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Frank
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An absolute DISGRACE and a complete farce. I truly hope he's found NOT guilty and is given a medal for what he's done.
For those who support the court proceedings, do you really think if the roles were reversed and it was this brave soldier lying there that the Taliban would have shown mercy? I think we all know the answer to that question, even the leftist do gooders.
Jeromy from Edmonton
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Sober, Newmarket
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Dennis R
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I am a civilian Sir and as far as I am concerned this fine Soldier/Man should be set free fourth with and given a Medal for his action, this was done in a field of battle, it was done I truly believe as an act of compassion from all reports I have heard & read.
If this milatairy court finds this Soldier guilty of anything they should be brought before a tribunial to answer for their crimes against one of their own, they should be found derilict of their duities to a fellow Solidier and all be removed from further service, I will never respect those involved ever again.
My left hand is over my Heart and my hat is off to you Old Soldier and to this Soldier and not to mention all those in our Canadian Armed Service. Hoo Rah
Tim
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Brneda
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Scott (in Wild Rose Alliance Country)
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Ryan in Alberta
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David in NB
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Disgusted Canadian
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Steve
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MC in Ottawa
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Allan - Angus
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Lz in Edmonton
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Retired Captain Dartmouth
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JP - A Veteran in BC
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hunter
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Les Grossman
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BC boy
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Logan
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Colin
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So I ask the courts , what would you have done?
My thoughts , hopes and best wishes go out to Capt Semrau.
Christopher Howard
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Robinon
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Terry r from Alberta
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june
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billy perks
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Richard Kake
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confam
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Matt F - Niagara Region
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Still serving proudly
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Ken
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Anna
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Riley
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Enigma21
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mining guy Jim
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scott
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William
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Edb(Hamilton)
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IslandBrad
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Old Soldier
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CAMP0045
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Tara
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