NR-08.070 - September 15, 2008
OTTAWA – Captain (Navy) Holly MacDougall, the Canadian Forces Director of Military Prosecutions (DMP), has withdrawn the charges against former Master-Corporal Clayton Matchee. Ex-MCpl Matchee was charged under section 130 of the National Defence Act with Torture, contrary to section 269.1 of the Criminal Code of Canada, and Murder, contrary to section 235(1) of the Criminal Code of Canada. The charges arose as a result of the death of Shidane Abukar Arone, a Somalian teenager, on 16 March 1993, during the deployment of Canadian troops in Somalia.
The Director of Military Prosecutions is a separate and independent authority for military prosecutions who exercises prosecutorial discretion within the military justice system, free of influences, and based on legal principles and criteria.
While the charges have been outstanding against Ex-MCpl Matchee over the past 15 years, three parallel tracks were ongoing to deal with him. Firstly, the Saskatchewan Review Board held hearings at least once every 12 months to reassess Ex-MCpl Matchee's fitness to stand trial. Secondly, a Standing Court Martial was convened every two years to determine whether sufficient admissible evidence continued to exist to prosecute Ex-MCpl Matchee. Lastly, DMP, as part of the post-charge screening process, had the continuous requirement to assess whether the evidence continued to be sufficient to justify the continuation of charges and whether the public interest required the prosecution to be continued.
"The decision to withdraw the charges in this case was based on public interest considerations. These included the fact that Mr. Matchee has a permanent brain injury and will never be fit to stand trial, in addition to a recent determination that Mr. Matchee does not pose a significant threat to the community," says Lieutenant-Colonel Bruce MacGregor, Deputy Director of Military Prosecutions. "On February 12, 2008, the Saskatchewan Review Board directed that Mr. Matchee be discharged from the Saskatchewan Hospital and ordered an assessment of what risk, if any, Mr. Matchee poses to the community. During his extended stays out of the hospital and since his discharge, no incidents constituting risk to the community have been reported and the reports on his reintegration within the community have been positive." The withdrawal of the charges means that there will no longer be a requirement for the Saskatchewan Review Board nor the Standing Court Martial to conduct their respective reviews.
"Since the charges have been withdrawn, the laws that apply to Mr. Matchee are no different than those applicable to any other citizen suffering from a brain injury and requiring constant care and supervision," adds Lt Col MacGregor. "Future personal or public safety concerns, if any, can be dealt with appropriately through applicable provincial legislation."
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For background information, please visit: http://www.forces.gc.ca/site/newsroom/view_news_e.asp?id=2776
The DMP policy on post charge screening including a section entitled, The Public Interest Criteria, can be found at: http://www.forces.gc.ca/jag/military_justice/cmps/policy_and_directives/policy3_e.asp.
More information regarding the Province of Saskatchewan's Saskatchewan Review Board can be found at: http://www.justice.gov.sk.ca/saskatchewanreviewboard
