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The Crown has appealed. Link to CBC story below. Watch and shoot...
Appeal launched in ex-soldier sexual assault case
Appeal launched in ex-soldier sexual assault case
Former Soldier Acquitted of Sex Assault on Teen
- Thread starter Scoobie Newbie
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Bruce Monkhouse said:http://www.npb-cnlc.gc.ca/whatsn/myths053001_e.htm#mythten
This is the Govt. "spin" website so take it with all the other "truths" like budget surplus's and such...... :
...any sense of balance of individuals rights to society's rights on the whole has been completely lost!
Grrrrrrrr...
Duey
D
dutchie
Guest
As a parent I really feel for the parents of these 2 kids, especially the little Aussie girl's mum and dad. To have some predatory scumbag take away what is most dear to you, in such an awful way, must be completely shattering. I could not possibly imagine.
How is it that we, as a society, allow our children to be consumed by these animals? Are we not suposed to protect our children above all? If our system cannot protect our children from being the first victim (understandably tough), surely it can prevent a second victim? In the Canadian case we can now only wait for this 'person' to repeat his crime. Unfortunately, the 'person' from Australia (won't call him an 'Aussie', doesn't seem right) has already struck again.
I can understand leniancy in lesser crimes (say, theft, tax evasion, etc), but how can a Judge not impose the stiffest of penalties on the worst kind of 'human'? There is nothing worse than a pedophile/child murderer, and if they don't deseve the full wrath of our 'Justice' system, who does?
Life in prison, general population, problem solved.
How is it that we, as a society, allow our children to be consumed by these animals? Are we not suposed to protect our children above all? If our system cannot protect our children from being the first victim (understandably tough), surely it can prevent a second victim? In the Canadian case we can now only wait for this 'person' to repeat his crime. Unfortunately, the 'person' from Australia (won't call him an 'Aussie', doesn't seem right) has already struck again.
I can understand leniancy in lesser crimes (say, theft, tax evasion, etc), but how can a Judge not impose the stiffest of penalties on the worst kind of 'human'? There is nothing worse than a pedophile/child murderer, and if they don't deseve the full wrath of our 'Justice' system, who does?
Life in prison, general population, problem solved.
Ex-soldier accused of breaking release conditions
Wed Feb 21 2007 By Mike McIntyre Winnipeg Free Press
Article Link
A former Canadian soldier found not criminally responsible for a sex attack has been accused of breaching his court-ordered conditions only two months after being released back into the community.
Roger Borsch, 35, was arrested Monday night and accused of failing to answer his telephone and knocks at the door during a routine curfew check.
Borsch claims he was home at the time of Sunday's check but had taken a sleeping pill and didn't hear police trying to contact him.
He spent a night in the Winnipeg Remand Centre before the Crown agreed to release him Tuesday on the same conditions he was under prior to his arrest.
His case may now go back to the Manitoba Review Board, which decided in December to allow Borsch to leave the Health Sciences Centre psychiatric ward and go back to independent living under certain conditions.
Borsch had been in the hospital since he convinced a judge last summer he was suffering from post-traumatic stress disorder (PTSD) at the time of the unprovoked 2004 sex attack in The Pas.
The Crown -- and the victim's family -- were opposed to Borsch being released back into the community.
The Crown is appealing the original decision of not criminally responsible that spared Borsch from facing a lengthy prison term and a hearing is expected in the spring.
Queen's Bench Justice Nathan Nurgitz ruled during the trial Borsch was suffering from PTSD when he broke into a neighbour's home and attacked her sleeping 13-year-old girl in her bedroom at knifepoint.
Borsch claims to have been haunted by the horrors of war stemming from a 1994 peacekeeping mission in Bosnia when he attacked the girl a decade later.
More on link
Wed Feb 21 2007 By Mike McIntyre Winnipeg Free Press
Article Link
A former Canadian soldier found not criminally responsible for a sex attack has been accused of breaching his court-ordered conditions only two months after being released back into the community.
Roger Borsch, 35, was arrested Monday night and accused of failing to answer his telephone and knocks at the door during a routine curfew check.
Borsch claims he was home at the time of Sunday's check but had taken a sleeping pill and didn't hear police trying to contact him.
He spent a night in the Winnipeg Remand Centre before the Crown agreed to release him Tuesday on the same conditions he was under prior to his arrest.
His case may now go back to the Manitoba Review Board, which decided in December to allow Borsch to leave the Health Sciences Centre psychiatric ward and go back to independent living under certain conditions.
Borsch had been in the hospital since he convinced a judge last summer he was suffering from post-traumatic stress disorder (PTSD) at the time of the unprovoked 2004 sex attack in The Pas.
The Crown -- and the victim's family -- were opposed to Borsch being released back into the community.
The Crown is appealing the original decision of not criminally responsible that spared Borsch from facing a lengthy prison term and a hearing is expected in the spring.
Queen's Bench Justice Nathan Nurgitz ruled during the trial Borsch was suffering from PTSD when he broke into a neighbour's home and attacked her sleeping 13-year-old girl in her bedroom at knifepoint.
Borsch claims to have been haunted by the horrors of war stemming from a 1994 peacekeeping mission in Bosnia when he attacked the girl a decade later.
More on link
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dutchie said:
This aint no tough guy act.But I promise (a word I dont use lightly)if someone did that my my child they would pay dearly.Not saying it's correct to take the law into ones hand,however thats my everything on this earth.And if someone hurt them,they would pay.
There are plenty of members (A mod as well)who went through a tougher time than him in Bosnia.Poor excuse.
Thanks for the update on the scum bag GAP.
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Yeah this is a very touchy subject. It's hard to give an opinion unless you've had a similar event happen in your family. I wont get into details but I've had something VERY similar happen to a member of my immediate family and its a long, bumpy road. I sympathize with the girls parents and the girl herself. It is a terrible thing to have happen. But the system gives the final decision and that's what sticks.
the 48th regulator
Army.ca Fixture
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Flesh.Injected said:
Then do you actually think your user name is appropriate?
Just wondering as it can be misconstrued, especially in light of your post and this thread.
dileas
tess
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I do not think it has anything to do with the subject but I changed it. I did not realize that people would take offense, sorry about that.
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Mission Statement said:
nice new nick....welcom to Army.ca
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I guess I didn't make the connection until reading this thread, but I was in the same platoon as the accused during the tour in question. Could someone could forward me the details of the alleged incidents and/or the jurisdiction involved so I can contact the prosecutor?
It's the least I can do. I would have gone through everything he did and any excuse he's made is a stain on anything good we managed to do over there.
It's the least I can do. I would have gone through everything he did and any excuse he's made is a stain on anything good we managed to do over there.
here is the original MSM link
http://sympaticomsn.ctv.ca/servlet/ArticleNews/story/CTVNews/20060622/soldier_ptsd_060622
http://sympaticomsn.ctv.ca/servlet/ArticleNews/story/CTVNews/20060622/soldier_ptsd_060622
hunterphfr
Guest
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Anybody ever come up with a unit and moc for this guy?
New Trial Ordered For Borsch
Article Link
Manitoba's high court has quashed a lower court decision that found a soldier not criminally responsible for a sex assault because of a mental problem.
The Manitoba Court of Appeal is ordering Roger Borsch to stand trial for a second time. Borsch claimed he sexually assaulted a teen girl in the Pas because he suffers from Post Traumatic Stress disorder from a tour of Bosnia in 1994.
Prosecutor Don Knight feels the former soldier's defense is no excuse.
Borsch's lawyer Greg Brodsky says he will appeal the decision to the Supreme Court of Canada.
More on link
Article Link
Manitoba's high court has quashed a lower court decision that found a soldier not criminally responsible for a sex assault because of a mental problem.
The Manitoba Court of Appeal is ordering Roger Borsch to stand trial for a second time. Borsch claimed he sexually assaulted a teen girl in the Pas because he suffers from Post Traumatic Stress disorder from a tour of Bosnia in 1994.
Prosecutor Don Knight feels the former soldier's defense is no excuse.
Borsch's lawyer Greg Brodsky says he will appeal the decision to the Supreme Court of Canada.
More on link
A little more information from the Winnipeg Free Press
New trial ordered for man found not criminally responsible for sex assault
Updated at 5:19 PM By Mike McIntyre Winnipeg Free Press
Article Link
The Manitoba Court of Appeal has ordered a new trial for a former soldier who was found not criminally responsible for a home invasion sex assault based on his claim of suffering post-traumatic stress disorder.
Roger Borsch is “very disappointed” by the decision and will seek to appeal it to the Supreme Court of Canada, defence lawyer Greg Brodsky said outside court this morning.
“He’s not holding up very well at all. This is an awful lot of tension for him,” he said.
Borsch, 35, was spared criminal sanctions for the 2004 attack after the trial judge ruled that his mind had been affected by horrific killings he claims to have witnessed a decade earlier in Bosnia.
It was the first time a Canadian soldier successfully used PTSD as a defence.
Crown attorney Don Knight had told the Appeal Court there is little evidence the events Borsch described in Bosnia ever occurred and the judge was wrong to accept his claims.
Knight pointed out that Borsch has given different versions of his story to psychiatrists over the years. And he said the military has no written records of the events, which Borsch has said include the death of a young Bosnian girl who came upon a landmine at a military checkpoint.
“This is what we hoped for. The Crown’s position at trial is that he didn’t suffer PTSD. And even if he did, that was no excuse,” Knight said outside court.
Borsch testified at his trial last year that it was normal for soldiers not to file reports on killings in the field, including an incident at a small house where Borsch said he came upon a man sexually assaulting a young girl and shot him dead.
His lawyer agreed there are inconsistencies in how Borsch has recounted what happened, but said it is to be expected based on the trauma he experienced.
At the time of the assault, Borsch was working as a jail guard in The Pas.
He admitted to breaking into a home, taping a 13-year-old girl’s mouth shut and then attacking her at knifepoint. The girl eventually managed to free herself and scream for help.
Borsch testified he only remembered waking up hours later in a canoe with no paddles on the Saskatchewan River.
After he was found not responsible, Borsch spent several months in a psychiatric hospital. He was released last December with conditions. Borsch was granted bail today with the consent of the Crown. He will be under a nightly curfew, must abstain from drugs and alcohol and have no contact with the victim.
www.mikeoncrime.com
End of Article
New trial ordered for man found not criminally responsible for sex assault
Updated at 5:19 PM By Mike McIntyre Winnipeg Free Press
Article Link
The Manitoba Court of Appeal has ordered a new trial for a former soldier who was found not criminally responsible for a home invasion sex assault based on his claim of suffering post-traumatic stress disorder.
Roger Borsch is “very disappointed” by the decision and will seek to appeal it to the Supreme Court of Canada, defence lawyer Greg Brodsky said outside court this morning.
“He’s not holding up very well at all. This is an awful lot of tension for him,” he said.
Borsch, 35, was spared criminal sanctions for the 2004 attack after the trial judge ruled that his mind had been affected by horrific killings he claims to have witnessed a decade earlier in Bosnia.
It was the first time a Canadian soldier successfully used PTSD as a defence.
Crown attorney Don Knight had told the Appeal Court there is little evidence the events Borsch described in Bosnia ever occurred and the judge was wrong to accept his claims.
Knight pointed out that Borsch has given different versions of his story to psychiatrists over the years. And he said the military has no written records of the events, which Borsch has said include the death of a young Bosnian girl who came upon a landmine at a military checkpoint.
“This is what we hoped for. The Crown’s position at trial is that he didn’t suffer PTSD. And even if he did, that was no excuse,” Knight said outside court.
Borsch testified at his trial last year that it was normal for soldiers not to file reports on killings in the field, including an incident at a small house where Borsch said he came upon a man sexually assaulting a young girl and shot him dead.
His lawyer agreed there are inconsistencies in how Borsch has recounted what happened, but said it is to be expected based on the trauma he experienced.
At the time of the assault, Borsch was working as a jail guard in The Pas.
He admitted to breaking into a home, taping a 13-year-old girl’s mouth shut and then attacking her at knifepoint. The girl eventually managed to free herself and scream for help.
Borsch testified he only remembered waking up hours later in a canoe with no paddles on the Saskatchewan River.
After he was found not responsible, Borsch spent several months in a psychiatric hospital. He was released last December with conditions. Borsch was granted bail today with the consent of the Crown. He will be under a nightly curfew, must abstain from drugs and alcohol and have no contact with the victim.
www.mikeoncrime.com
End of Article
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