A soldier’s choice

A Canadian soldier’s fateful choice in Afghanistan lands him on trial for murder

by Michael Friscolanti on Tuesday, May 18, 2010 8:00am - 69 Comments

Capt. Roger Maynulet is the other U.S. soldier who knows what it feels like to be court-martialed for a mercy kill. In May 2004, the decorated tank commander was part of a team of troops that opened fire on a car believed to be carrying the radical Iraqi cleric Muqtada al-Sadr. The tip turned out to be wrong, and the attack left the driver with skull wounds so severe that even the medic on scene declared him untreatable.

“He was in a state I didn’t think was dignified,” Maynulet testified at his trial. “I had to put him out of his misery. I think it was the right thing to do. It was the honorable thing to do.” The jury agreed. He was convicted of a lesser offence (assault with intent to commit voluntary manslaughter) and sentenced to no jail time. Dismissal from the service was his only punishment.

Today, Maynulet flies a news helicopter for a television station in Las Vegas. When contacted by Maclean’s, he declined to be interviewed. “It’s been five years and I’m trying to move on with my life,” he wrote in an email. “If you do speak with CPT Semrau please tell him my thoughts are with him and I hope he beats this.”

At least 7,695 Canadians are hoping for the same outcome. That’s how many people have signed up as members of a Facebook page created in Semrau’s honour. “He should be awarded a medal for undergoing the needless pain and suffering he and his family have endured by the very system that he has so nobly served,” wrote one poster. “This whole affair is nothing more than a travesty.” Says another: “This is a government frame job of the worst kind!”

Semrau’s parents, who now live in Camrose, Alta., have received an endless stream of similar phone calls and emails, each one offering prayers and support. “It has been absolutely overwhelming,” Jean says. “We are just so grateful.”

But as thankful as they are, the Semraus must choose their words carefully. A stranger on Facebook can say that mercy killing is in “the highest tradition” of the military, or that Semrau acted with “courage” when he pulled the trigger. The captain’s family cannot. They understand that Rob’s case will be decided in court—not on the Internet—and there are many more weeks of testimony to come.

“I’m not an ethicist and I’m not a politician,” says Semrau’s brother, when asked about his personal views on mercy killing. “All I can tell you is that we’re behind Rob 100 per cent as a family, and we’re confident he did nothing wrong.”

Last month, just days before Cpl. Fournier took the witness stand, Amélie Semrau gave birth to the couple’s second daughter. They named her Chloé. If her dad is convicted of second-degree murder, she will be 10 years old by the time he is eligible for parole.

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  • Tee

    I think the mercy killing law is right, because like the other guy said, you're not supposed to play God. But you should help the person no matter what. They didn't bother he was probably already dead. Thats where it all gets twisted. The person who should get f-ed over here is the guy who ordered his troop to just leave him. Like, help him first, if not, you obviously thought he was dead! If he didn't and he thought he could live, then that makes him the criminal.

    Am I right or wrong here?

    • jade_lee

      you are right and the guy who shot the dying man is also a criminal

      • notyourprincess

        jade_lee = not a humantarian. So sad…karma will dictate he will die a slow and painful death.

  • Brenda Derible

    If we want to send our military there to serve and protect.. Start with protecting our own or end up home in a box. Or worse,
    end back home so messed up that there is no help. I would of done the same. And all our military should lay down there arms and come home we have and will continue to waste our time!

    I know!!
    Brenda

  • Jymanee

    What part of war is NOT—KILL THE ENEMY ? ? This trial is just a JOKE ! ! If you do not want your soldiers to kill the enemy than DO NOT SEND THEM TO WAR ! ! ! ! DUH ! ! Canadian troops should NOT have been sent to Afghanistan in the first place, especially into a combat mission. If soldiers have a conscience then they shouldn't be soldiers. What a farce–charging Semrau—what a shame putting him through such an ordeal and publicizing it all. THIS is the crime ! !

  • Eddie

    i understand the "rules" thingee. you have god and geneva convention, they have vlad the impaler. go figure.

  • offshoredes

    WAR IS WAR…YOU SHOOT AT ME AND I WILL KILL YOU. This IS NOT the same as if you look at me I will rape you. If this guy would have lived, he might of had a chance to kill someone else. Extremists don't give a sh*t what we think. Given what I know about the Taliban, had the shoe been on the other foot, the outcome could have been even more grim. Leave those with the courage to be over there alone, or GET YOUR ASS OVER THERE and find out for yourself before you pass judgment. I personally have had it with the continual bashing and persecution of the military…..you want war but you don't want anybody to get hurt. GET YOUR HEADS OUT OF YOUR ASSES!

    • guest

      Four stars to you,offshoredes. (or should I say 4 maple leafs)!!!!!

  • Wayne 135

    As a retired Military veteran, I too would honor the code. I definetly would not want to die in agony waiting for hours for it to happen and would do the deed for my best friend. With tears flowing, I would pull the trigger. No doubt and no hesitation. If you love your friend doing what he wishes is the prime concern and to hell with the consequences.

  • Val

    I am from a military family and know, though not first hand of course, that war must be a horrible thing. It sounds like in a normal military setting it would have likely gone differently. His working w/ Afghan soldiers like that may have changed his perceptions of what was expected or what could be done in that setting. He sounds like a good and honourable man, but I still believe that he should be corrected but not punished severely, in this instance. Unfortunately this was a man's life, not some small thing. He would likely have died anyway, but we are not called to hasten the death of another human being no matter the suffering they may endure at that time.

  • Guest

    This is one situation where I don't even care to hear a questioning of the "facts"; if we send soldiers into battle we then we can't also charge them with murder. It would be like giving out speeding tickets to drivers at the Indy 500.

  • Ariadne

    I would like to correct my previous posting, the military are facing many wars not two. Jihadists at the front, at the back and sides are from multifaceted special interests groups like: Canadian media, politicians who use any of their perceived "imperfection" to topple political opponents, and human rights activists who gained more popularity or notoriety and funding by being on the news. The sorriest part is that the one at their back might be the deadliest which could topple their mission and their lives more than what they are facing at the front.

  • paul Franklin

    Last comment I promise…

    The second point is the so called code.
    The below link takes you to an interview I did on connect with Mark Kelly, I believe the interview speaks for itself. http://www.cbc.ca/connect/2009/11/interview-maste…

    When a soldier commits suicide or "forces" the comrades to take their life there is fallout in the form of their familes, their friends and the army as a whole.
    That is something the soldier who made the pact has to live with for the rest of their lives.
    We train our people to do whatever it takes to save lives.
    As a disabled advocate I cannot stress enough the reasons why I do not agree with the "code".

    Remember we hold Rick Hansen, Terry Fox as Canadian heros. Why?
    They overcame horrible odds and rose to the challenges that faced them and their story is Canada's story.

    When you think of a code remember them.

    The Taliban do take prisoners and in fact an American is being held by them…. since June 2009 (almost a year).
    It is a very sad story.
    Would I want to be a prisoner?
    NO!
    But would I be a prisoner and suffer so that one day I could see my son?
    Yes! http://www.youtube.com/watch?v=LJCiOlZHz5I http://www.youtube.com/watch?v=Q0snkYYCcb4&feature=r...

    Paul Franklin

  • notyourprincess

    Paul Franklin
    (ret. Master Corporal medic)
    Double amputee (January 15, 2006 Kandahar)

    I know who you are. Not only are you the epitomy of 'The Canadian Soldier' AND 'Canadian Hero,' you have my heartfelt respect. You represent why I'm proud to be a Canadian. There is no politician; government; prime minister or pompous GG will ever take your place.''

    However, I must take Cpt. Samerau's side in this. As a result of having to make an extremely difficult decision – in a split minute, only to act as a humitarian – he has my entire support.

  • notyourprincess

    Pierre – You're upset. Go wipe Lavender Oil on your wrists; it will help…

  • paul franklin

    Last comment I promise…
    ha ha
    Give me a shout notyourprincess im at ptepaul@yahoo.co.uk

    • notyourprincess

      I will do that.

      PS: Parents, especially 'Moms' dealing with PTSD…'we lost our son over there…the only difference is…didn't have to arrange a funeral…'

      I hope you won't regret this.

  • Wally Jones

    One mitigating circumstance in Capt. Semrau's favor is that his commanding officer ordered him to leave the soldier and he only had a few minutes to decide his course of action. That must have been a very intense moment in his, or anyone else's life, and who can say what is right or wrong in that situation but somebody who's already been there. It is my humble opinion that Capt. Semrau did what he thought was best, and I am inclined to agree with him. Good luck Rob.

  • Teeninchee

    I am heart-sickened at the plight of this CPT. Ordered to keep marching, do you disobey that order to stop and aid the wounded enemy, risking your own life and possibly those with you? Do you compassionately end the suffering/life of an enemy for which you feel compassion.You cannot be "human" in the middle of the war zone. May the God of Heaven, who reads the heart and KNOWS the intentions of this officer, have mercy on him and his family. If his motives were pure and honorable, may he have God's peace with his decision regardless of the outcome.

  • papillion

    It may be hard for some to accept, but it sounds like the injuries of this person would have led to a slow painful death in the desert. The ANA officer refused to help the man which left the CF officer in a very bad position. It is very easy for people to pass judgment when they were not the ones faced with the situation. Under the circumstances I am inclined to believe that his actions were in fact motivated by a desire to end pain and suffering. It would have been just as easy to walk away. BTW it apparently was an Afghan who reported this – some might wonder what his motivation was. Once it had been reported the other officer did not have much choice unless he was prepared to be crucified in the press for 'covering up' the incident at some point down the road. Officially, the actions of this soldier cannot be ignored. Hopefully he will also be treated with a degree of compassion and not be imprisoned although he likely will be discharged from the military.

  • http://intensedebate.com/people/Peterr52 Peterr52

    Paul Franklin's comment is very good.
    This is not something to be condoned but it is also something that we, sitting in our comfy living rooms on a laptop are not fit to judge.
    That this man might be sentenced to 10 years after making a split second decision under unimaginably (to most of us) difficult circumstances would be a travesty.
    He must be sanctioned. The Afghans are watching. Some incarcerated time (Time served plus?) and discharge, perhaps, but not beyond that.

  • http://intensedebate.com/profiles/anshera Anshera

    "Their mission—Operation Atal 28—was to troll for Taliban, pick a fight, and shoot to kill."

    …shoot to kill.

    …to kill.

    Case dismissed.

  • Garbo

    I know Captain Semaru and his family. They are all very nice people. He is very professional and very well liked. He never talks about other people and always smiles ( even when he's down and out ) I think if he is punished for this, they will be taking a great trooper. and the only lesson to be learned is… to let people suffer……ridiculous !

    My prayers are with him, his wife and children.

  • wtf

    Im glad this situation is being investigated, but mercy killing should be its own charge, not tied in with 2nd degree murder! I wish the people in charge would put our troops first. No matter what the outcome, the public must understand that it doesn't matter if you have all the fancy weapons and technology. At its core, war today is hardly different then it was 3000 years ago, and that mercy killing is an unavoidable reminder of that.

    Morality should come first, no matter what the law says. Best wishes to Cpt. Semaru his family and everyone serving in the armed forces.

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