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General violated military code, lawyers charge

  
  




MIRO CERNETIG
Globe and Mail Update

Barksdale Air Force Base, La. — Lawyers for the two F-16 fighter pilots being investigated for the friendly fire incident, that killed four Canadian soldiers and wounded eight in Afghanistan last spring, demanded Tuesday that a one-star general face dereliction of duty charges for violating the U.S. military's legal codes while testifying.

The pilots' legal team, speaking to reporters outside the military hearing, said Brigadier-General Stephen Sargeant was not permitted under the military's legal code to offer his opinions about the April 17th bombing in Afghanistan.

The general was the author of a report into the accident and should not be allowed to offer further opinions than those already in the report.

"We were ambushed," said David Beck, lawyer for Major William Umbach.

The general was a surprise witness brought in by U.S. Air Force lawyers with little notice. The pilots' lawyers contend that they did not have enough time to prepare for his testimony and Tuesday pointed out measures in the military legal code to have all his testimony stricken.

Charles Gittens, the lawyer for Major Harry Schmidt, the pilot who dropped the 225-kilogram bomb after mistaking Canadian soldiers for the enemy during a night flight over a target range near Kandahar, said he was filing an immediate complaint for disciplinary action against the general.

The military judge overseeing the hearing of the pilots, who may face manslaughter charges and the possibility of a court martial that could land them in prison for 64 years, will rule later Tuesday on the protests.

Earlier in the day, the Air Force general said there was "a breakdown in basic airmanship" during the ill-fated mission of the two F-16 pilots who bombed the Canadian soldiers in Afghanistan.

Gen. Sargeant accused both pilots of violating standard rules of engagement in combat, opting to attack when they could have raced away and of not carrying out proper radio communication with each other.

"Would it have been possible for them to simply continue in flight?" lawyer Colonel John Odom asked.

"Yes," responded Gen. Sargeant, who co-authored the investigation into the April 17 tragedy and recommended manslaughter charges.

When the two pilots mistook Canadian soldiers 20,000 feet below as enemies firing at their aircraft, the general said the proper response would have been to try to mark the position and fly to safety.

He said both fighter pilots were also outside their area of operation and should have continued to a tanker plane from which they were supposed to refuel.

The pilots have said that their night-vision goggles caused them to think the Canadians firing on the ground might have been enemies.

If that was the case, the general said, "the correct flight reaction to barrage [fire] is increase your speed and altitude." That contradicted the pilots, who said they thought they were in imminent danger.

The general added: "they were not in any high probability of kill because they were flying at a high altitude, as required by regulations."

Gen. Sargeant criticized Major Umbach, who was in command, for not taking control of the mission.

He said that Major Umbach should have told his wing man, Major Schmidt, to leave the area.

"In fact, Major Schmidt had control of the situation and was directing where that bomb was going to go," he said.

When the pilots were targeting their perceived enemy, they should have also waited for clearance from flight controllers, the general said.

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