Private security forces linked to Canadian soldier's death

The probe into the possible friendly fire death of a Canadian soldier by a private security force falls into a grey area of international law that could end up in Afghanistan's dysfunctional justice system, says a legal expert.

Much depends on who employed the hired guns.

The Canadian Forces National Investigative Service is investigating the death of Master Corporal Joshua Roberts, who was mortally wounded in the turret of his light armoured vehicle during a confused battle with militants on Saturday.

The deadly shots were allegedly fired by employees of Compass Security Solutions, who initially claimed they were shooting at Taliban and had no idea coalition troops were in the area.

The Defence Department confirmed yesterday that the security contractors were not employed by a Canadian government department or agency.

"DND does not employ Compass Security or USPI, and neither does (the Foreign Affairs Department)," said defence spokeswoman Jillian Van Acker in an e-mail.

"Neither company is working for a Canadian project or installation in Panjwaii."

The government wouldn't say who hired the guards, citing the ongoing military police investigation.

Stuart Hendin, an international law researcher at the University of Ottawa, said the investigation and any potential prosecution that might follow will be complicated and possibly fruitless.

If the security guards worked for a NATO country, the matter would be reasonably straightforward because the Canadian government could take up the case with whichever allies employed them.

But if they worked for either the Afghan government or an international aid organization, the investigation could be easily hamstrung.

"If they (the guards) don't fall under the Canadian umbrella, they could simply refuse to talk to investigators," Hendin said.

Getting to the prosecution stage would be even more difficult because it would likely fall under Afghanistan's notoriously corrupt legal system, he said.