OTTAWA, July 26 (UPI) -- A Canadian soldier convicted of killing a wounded Taliban insurgent can be sentenced, a court has ruled in dismissing a defense constitutional challenge.
Defense lawyers for Capt. Robert Semrau, convicted by court-martial of disgraceful conduct for shooting an unarmed, wounded Taliban fighter in 2008, argued the military justice system's sentencing was unconstitutional because sentencing options are more limited than under civil criminal code, the Ottawa Citizen reported.
The military system results in unduly harsh sentences since there are few alternatives, they argued.
A military judge dismissed the challenge, opening the way to the penalty phase of Semrau's court-martial.
Lt.-Col. Jean-Guy Perron said Criminal Code sentencing provisions do not apply to Semrau, since only soldiers can be found guilty of disgraceful conduct.
"Such a case could not see the light of day in a criminal court in Canada," Perron ruled.
Evidence at his three-month trial suggested the shooting was a mercy killing, the Citizen reported.
