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Capt. Robert Semrau is seen in this image taken from video filmed in Afghanistan, Thursday, Oct. 18, 2008. (U.S. Military / Cpl. John Scott Rafoss) CTV map detailing the location of Lashkar Gah, Afghanistan. Capt. Robert Semrau is seen in this image taken from video filmed in Afghanistan, Thursday, Oct. 18, 2008. (U.S. Military / Cpl. John Scott Rafoss)

Probe into soldier's murder charge questioned

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CTV News Video

CTV Newsnet: Steve Chao reports from Kandahar
The Canadian forces are facing criticism for not alerting the public to an incident for two and a half months, but the army insists the Captain's innocence stands until proven otherwise.
CTV National News: Graham Richardson on the military murder mystery
A senior Canadian soldier is behind bars tonight in Afghanistan, charged with second-degree murder. He's accused of shooting an unarmed man.

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Date: Sat. Jan. 3 2009 3:48 PM ET

Canadian military officials in Afghanistan say there was no cover up in their probe into the alleged murder of a presumed Taliban insurgent in Afghanistan in October.

Human rights specialists say they're concerned by what may have been a delay between the date of the incident in October and the announcement of an arrest yesterday. A Canadian soldier, Capt. Robert Semrau, has been charged with second-degree murder in connection with the death of a suspected militant "on or about" Oct. 19 in Helmand province.

Critics have said they're concerned about the timing of events.

CTV's Steve Chao, reporting from Kandahar, said military officials in Afghanistan told him "there was no cover up."

They also said "they acted very quickly. They informed the upper chamber of command very quickly," Chao told CTV Newsnet on Saturday morning.

Semrau is accused of shooting, "with intent to kill," an unarmed male civilian during a battle in which Afghan, Canadian and British soldiers defended the capital of Helmand province, Lashkar Gah, from an insurgent attack.

Semrau, who is from Pembroke, Ont., was charged Dec. 31, the same day the Canadian military announced that the Canadian Forces National Investigation Service was investigating a death.

Chao said he's been told Semrau is no longer in Afghanistan, but it's not clear when he will be returned to Canada for legal proceedings.

Unsurprisingly, Canadian troops at Kandahar Airfield are staying mum about the charges. Some have politely declined to discuss the charges, while others say they simply haven't been following the news.

Experts question investigation

Michel Drapeau, a retired Canadian colonel who practises law in Ottawa, he's concerned about the time lapse between the alleged incident and the date of the charges.

"I can't believe that you'd be able to suffocate this kind of report for two-and-a-half months . . . unless you wanted to," he told CTV News.

"Was there a conspiracy along the way? Did everybody agree not to talk about it, not to report it? Everybody under the National Defence Act has a positive duty to report a crime when they see it."

Amir Attaran, a law professor with the University of Ottawa, told CTV News the timing of the charge "doesn't pass the smell test."

He questioned how quickly the military went from launching the investigation to laying a charge, suggesting that they already knew "who their man was."

Paul Champ, a human rights lawyer, says he's also concerned about the timing of events.

"The biggest concern is the delay," Champ told The Canadian Press.

"The allegations are that a Canadian officer -- a mentor, at that -- shot an unarmed man over two months ago. And we don't have any information about why it took so long for that allegation to come forward or be investigated ... That has to be the gravest concern which most closely parallels Somalia."

Champ noted that a similar delay occurred in 1993 after a Somali teenager was beaten to death by members of the Canadian Airborne Regiment during their peacekeeping mission in Africa.

"There was also a delay in the investigation by military police in what was clearly a brutal murder," he said.

But Chao said military officials in Afghanistan have said such comparisons don't fit -- the incident occurred out in the field and therefore investigators needed time for their probe due to logistics.

They also said Semrau is innocent until proven guilty in court.

Online support for soldier

As of early Saturday afternoon, three Facebook groups in support of Semrau had sprung up online. The largest, Support the Freedom of Capt. Robert Semrau, had more than 325 members.

Several members of the group posted that they knew Semrau and expressed disbelief at the charges.

"I knew Rob (ten-plus) years ago through a church youth group, in which he was involved as leader. He was a very charismatic, friendly, fun, caring guy who everybody wanted to be around." Shelley Hubbs, listed as from Saskatoon, wrote. "I find this accusation insanely hard to believe."

"For anyone who knows Rob, this charge makes absolutely no sense whatsoever. Rob is 'salt of the earth', dedicated, loyal and true to his word. He is one of those rare people that leaves a permanent positive impact on your life," Stephen Cornish wrote.

With files from The Canadian Press

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