Posted on 05/18/2011 12:14:40 AM PDT by naturalman1975
EVIDENCE shows two Army Reserve soldiers charged with manslaughter in Afghanistan knew civilians were present during an operation, a judge advocate has been told.
The two accused Army Reserve soldiers had a duty of care to civilians during the February 2009 operation, Lieutenant Colonel Tom Berkley for the prosecution told a pre-trial hearing in Sydney today.
Judge Advocate Brigadier Ian Westwood is conducting a hearing on pre-trial issues relating to the men's court martial, which has been set down for July 11 in Sydney.
The charges relate to a February 12, 2009 incident, when members of the Special Operations Task Group, operating in Oruzgan Province, undertook a compound clearance operation.
Six civilians, including five children, were killed as a result of the operation.
The prosecution has proposed increasing the charges against the accused to five counts of manslaughter, to account for the deaths of five children killed during the operation.
The Army Reserve soldiers, identified only as Sergeant J and Lance Corporal D by order of the judge advocate, have been charged with manslaughter and, in the alternative, with two counts of dangerous conduct, with negligence as to consequence.
The prosecution has argued the charges against the accused should be increased, "while making clear they arise out of one act".
The charges do not relate to the death of a man who exchanged fire with the soldiers.
Judge Advocate Westwood heard the soldiers had entered the compound with the task of looking for a weapons cache, when there was an exchange of fire with an Afghan national.
(Excerpt) Read more at news.com.au ...
But it has now apparently been accepted by all sides that the Australian soldiers only opened fire once they were fired upon.
As soon as that was accepted, the case should have been dropped.
These civilians - these children - were killed in a crossfire by men who had a choice as to whether to fight back or die and risk exposing their comrades to fire as well. In other words, no choice.
I glossed over the article not giving the attention it deserves (tired). But this incident jogged memories of Haditha.
Tagged the article with: oruzgan
I'm sure the Jihadists won't mistake it for spiking the football.
So they are going to try these men for what NATO is doing all over Libya. What a damn crock.
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