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Winnipeg Free Press - PRINT EDITION

Officer chokes up during guilty plea

Friendly-fire incident killed corporal

By: Bruce Cheadle

Posted: 09/14/2012 1:00 AM | Comments: 0

Maj. Christopher Lunney, with wife Colleen, will be demoted to captain. (ADRIAN WYLD / THE CANADIAN PRESS)

GATINEAU, Que. -- A decorated Canadian Forces officer was hailed by a military prosecutor for his "integrity and honour" Wednesday even as he pleaded guilty to negligent performance of duty.

Maj. Christopher Lunney, 42, had to pause several times to compose himself as he told a court martial of his shock and remorse over the friendly-fire incident in Afghanistan that took the life of Cpl. Josh Baker and wounded four others.

"I can offer no words of regret or apology that will address their loss," Lunney said of the Baker family.

Lunney's was the first of three courts martial resulting from the February 2010 training incident at a range near Kandahar, when an explosive Claymore mine packed with 700 steel balls raked a Forces platoon.

The agreed statement of facts entered with his guilty plea may hint at the defence that will be mounted when two other soldiers under Lunney's command are tried on charges of manslaughter in relation to Cpl. Baker's death.

The court martial heard the reservists involved in the incident "had been validated and declared operationally ready for deployment" to Afghanistan, but they had received no training with the C19 explosive, also known as a Claymore, that killed Baker.

The court martial also heard that, unbeknownst to Lunney, the captain leading the platoon training that day -- who has since been promoted to major -- had no training or qualifications on the C19, and had never used a Claymore before the explosion.

Lunney's negligence was in failing to ensure Capt. Darryl Watts was properly qualified, something the major had assumed because of Watts' rank at the time. Four other charges against Lunney were dropped.

"What transpired that day in Afghanistan was an avoidable incident," Lunney's civilian lawyer, Phillip Millar, told the court martial, adding there were "triable issues" that could have been mounted in his client's defence. Instead, Lunney had instructed his lawyer that "the buck stops with me."

Cmdr. Peter Lemont, the presiding judge, accepted a joint sentencing agreement that will see Lunney demoted to captain and receive a severe reprimand.

The military prosecution in its sentencing submission noted the seriousness of the incident and its tragic consequences and said Lunney's demotion was needed for general deterrence. "Maj. Lunney's words make it clear that specific deterrence is not at issue here," added Maj. Anthony Tamburro.

-- The Canadian Press

Republished from the Winnipeg Free Press print edition September 14, 2012 A16

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