Legal Proceedings
| “ | Once again, history repeats itself; only the lower ranks have been made to account for the marked failures of their leaders | ” |
|
—Somalia Inquiry Report, page 1910 |
A death in custody automatically triggered an investigation, and two days later Matchee and Brown were arrested and charged with the murder and National Defence Headquarters was advised.
Matchee later attempted to hang himself in his cell; the attempt failed but caused massive brain damage, making him unfit to stand trial.
| Name | Charge | Result |
|---|---|---|
| MCpl. Clayton Matchee | *2nd Degree Murder *Torture |
Unfit to stand trial following suicide attempt. Matchee tried to hang himself after being arrested and suffered serious brain damage. He was later released from military service. |
| Pte. Kyle Brown | *2nd Degree Murder *Torture |
Convicted to 5 years imprisonment. Dismissed from the army in disgrace. Appeals were also dismissed. Released on parole one year after conviction. |
| Sgt. Mark Boland | *Negligent Performance of Duties *Torture |
Pleaded guilty to negligent performance of duty for his role in the death of Shidane Arone, and not guilty to torture. Convicted to 90 days' detention. Deemed to be "willfully blind" to the beating, Boland was also demoted to private. Conviction increased to 1 year of imprisonment after prosecution appealed sentence, with dismissal from the Canadian Forces. |
| Major Anthony Seward | *Unlawfully Causing Bodily Harm *Negligent Performance of Duties |
Acquitted of unlawfully causing bodily harm. Found guilty of negligent performance of duty for giving instructions to abuse detainees, and sentenced to a severe reprimand. Prosecution appealed for a tougher sentence. Court Martial Appeal Court subsequently imposed a term of 3 months' imprisonment. Defense's appeal was declined. Seward was also dismissed from the Canadian Forces. |
| Capt. Michael Sox | *Unlawfully Causing Bodily Harm *Negligent Performance of Duties *Act to the Prejudice of Good Order and Discipline |
Acquitted of unlawfully causing bodily harm. Convicted of negligent performance of duty. A stay of proceedings was entered on the charge of an act to the prejudice of good order and discipline. Sox was also demoted to lieutenant, and received a severe reprimand. Appeals by both sides were dismissed. |
| Lt. Col. Carol Mathieu | *Negligent Performance of Duties | Acquitted. The prosecution appealed the verdict, and the Appeal Court agreed to a new trial. Mathieu was also acquitted in the second trial. |
| Capt. Michel Rainville | *Unlawfully Causing Bodily Harm *Negligent Performance of Duties |
Acquitted. |
| Sgt. Perry Gresty | *Negligent Performance of Duties | Acquitted. |
| Pte. David Brocklebank | *Torture *Negligent Performance of Duties |
Acquitted on both charges. Prosecution's appeal was dismissed. |
Read more about this topic: Somalia Affair
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