Winnipeg Free Press

Winnipeg Free Press (Newspaper) - August 11, 2006, Winnipeg, Manitoba Winnipeg free press Friday August 11, 2006 Canada a15 was negligence behind soldiers death troops were in dynamic and stressful situation by Donald Mcarthur k Kandahar Afghanistan ? Mil itary investigators Are probing whether negligence is behind the shooting death of master Cpl. Jeffrey Walsh with a Canadian weapon in a dynamic and stressful situation inside a crowded a Wagon wednesday but Haven to ruled out the rare possibility of a pure Accident a forces spokesman said yesterday. Ultimately whenever a weapon is Dis charged either intentionally or unintentionally As appears to be the Case in this situation someone is responsible said capt. Mark Giles Public affairs offi cer for the military investigation ser vice team probing the incident. The question for our investigators is who is responsible and whether or the not the actions taken or not taken should result in Walsh 32, was killed less than a week after arriving in Afghanistan while con ducting routine patrols near the Shari District Centre about 20 Kilometres West of Kandahar City. Investigators have ruled out suicide foul play and enemy action in his death and Giles said his death resulted from the unintentional discharge of a Cana Dian Giles refused to say whether Walsh who was based in Shilo Man. With the second battalion of the Princess Patri Cias Canadian Light infantry was shot by another Canadian Soldier but military sources say that he was. Investigators Are focusing on whether the weapon involved was safely handled and properly maintained. Negligence charges could arise if they determine it was not. Three guns ? two personal weapons and a common or Section firearm ? have been seized and Are being sent to an ramp lab in Canada for forensic test ing. Giles would not say whether the per Sonal weapons seized were sidearms or the c-7 assault rifles carried by Canad an soldiers. Investigators Are conducting inter views with the soldiers who witnessed the incident and Giles said they Are co operating with the investigation. A Soldier convicted of negligent performance of duty under the National defence act faces charges As severe As release with disgrace from the Canadian forces and in shooting deaths there is also the potential for criminal code charges including manslaughter and criminal negligence causing death. It is often believed that any discharge is a negligent discharge and in Many situations that is the Case but certainly there Are situations where its not but i a not going to speculate on this Point on what it May be said Giles. Whilst pure accidental cases Are rare we re not going to Rule it out As a possibility. We certainly realize that under stressful conditions such As our troops Are faced with in theatre that that is a the soldiers involved in the mishap were returning to a Forward operating base after conducting a routine morn ing patrol. Although the mishap is not being attributed to enemy fire the base came under mortar fire later in the Day and Giles said the soldiers on patrol were under stressful fluid conditions. It was a dynamic situation certainly with some threats in the environment obviously close quarters either getting in or in the vehicle lots of kit weapons said Giles. Obviously we take those fac tors into Giles would not put a timeline on the investigation but said it would take Many weeks if not a few Walsh a Regina native is the the 25th Canadian Soldier killed Here since 2002. ? can West news service ;