A Canadian soldier in Afghanistan is facing a second-degree murder charge in connection with the death of a suspected Taliban militant in Helmand province.

Capt. Robert Semrau is accused of shooting, "with intent to kill," an unarmed male civilian during an October 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 that took place "on or about" Oct. 19 in Helmand province. The siege in Lashkar Gah ended Oct. 18.

Semrau is being held in military custody and will be transported back to Canada to face the charge.

Officials at Kandahar Airfield did not offer further comment on the case Friday.

Questions swirling around timing

Col. Jamie Cade, acting commander of Task Force Afghanistan, said he only learned of the death on Dec. 27.

Michel Drapeau, a retired Canadian colonel who practises law in Ottawa, questioned how much the military knew, and when they knew it.

"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."

The murder charge stirs up unpleasant memories of the Canadian Forces mission in Somalia.

There was a similar reporting delay in the 1993 beating death of a Somalia teenager by members of the Canadian Airborne Regiment. The affair hurt the reputation of the Canadian military and a public inquiry was launched, leading to the disbanding of the Airborne Regiment.

Retired Col. Mike Capstick emphasized the need not to rush to judgment in the Afghanistan case.

"The Canadian Forces doesn't want to be covering stuff up . . . they learned the lessons in the post-Somalia period very, very well," he said on CTV Newsnet Friday.

Soldier a mentor

Semrau is part of the Operational Mentor and Liaison Team (OMLT), the unit of the Canadian military that trains members of the Afghan National Army (ANA).

During the siege in Helmand province, the OMLT was mentoring Afghan soldiers participating in the attack.

After the three-day battle, Afghan and foreign troops managed to gain control of the Nad Ali district, which had been under insurgent control.

Both Afghan and NATO officials said at least 100 Taliban militants were killed in the fighting.

In a news release issued by NATO on Oct. 19, 2008, the date of the shooting, Semrau is quoted discussing his work training Afghan soldiers.

"Working with the ANA presents some challenges; you have to be very patient, but when you get down to the bottom of it, they are just like us and like to kid around and joke," Semrau, who is identified as an OMLT "commanding mentor," is quoted as saying.

"They're just like soldiers all around the world and are good guys."

CTV News correspondent Steve Chao said the fact that a Canadian soldier is facing charges in connection with the death of an Afghan civilian will not reflect well on NATO forces, which have faced criticism for conducting air strikes that have killed civilians.

"I think the Canadian forces here are trying to show, by announcing this very publicly, that they are taking a very hard stance against any inappropriate misconduct," Chao said Friday during an interview on CTV Newsnet. "They want the world, and especially Afghans, to know that this is not acceptable and they will come down hard on any soldiers that step out of line."

On Thursday, an Afghan army general who was present during the battle said he had not heard of any soldier engaging in "inappropriate conduct" in connection with death of the suspected insurgent.

According to Gen. Sher Muhammad Zazai, so many Taliban militants were killed that it would be hard to say how each of them died.

With a report from CTV's Graham Richardson