Department of National Defence

Department of National Defence

October 12, 2007 11:37 ET

DND: Soldier Will Face Charges in Shooting Death

OTTAWA, ONTARIO--(Marketwire - Oct. 12, 2007) - Captain (Navy) Holly MacDougall, the Canadian Forces Director of Military Prosecutions (DMP), has preferred charges of Manslaughter and Negligently Performing a Military Duty against Master Corporal Robbie Fraser in the shooting death of Master Corporal Jeffrey Scott Walsh.

On August 9, 2006, while deployed to Afghanistan, Master Corporal Walsh was killed in a shooting incident. On March 12, 2007, the Canadian Forces National Investigation Service (CFNIS) brought charges against Master Corporal Robbie Fraser. These charges were then referred to the DMP by the chain of command on July 11, 2007.

The charge of Manslaughter is contrary to Section 130 of the National Defence Act, which incorporates Section 236 of the Criminal Code. The charge of Negligently Performing a Military Duty is contrary to Section 124 of the National Defence Act.

Military prosecutors consider two main issues when deciding whether to prosecute a charge at court martial: whether the evidence is sufficient to provide a reasonable prospect of conviction and whether the public interest requires a prosecution be pursued. They continually reassess these issues as new information about the case becomes available.

The charges were forwarded to the Court Martial Administrator who will convene a General Court Martial at the first available date.

Notes to editors: The DMP policy on post charge screening is at: http://www.forces.gc.ca/jag/military_justice/cmps/policy_and_directives/policy3_e.asp.

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