Feral Jundi

Thursday, January 30, 2014

Legal News: GardaWorld’s Daniel Ménard Thrown In Afghan Jail

This is an interesting one that just popped up on my radar. I found it yesterday and posted it on Facebook, and I received multiple viewpoints on what is going on. Everything from it is all GardaWorld’s fault and Ménard is incompetent, to Gardaworld and Ménard is yet another victim of the Afghan legal system and corrupt officials.

For this deal, I was instantly reminded by the readership, as well as personally recalling all of Afghanistan’s past legal shenanigans.  Doug mentioned the Bill Shaw story where he was thrown in an Afghan jail on false bribery charges. Trevor mentioned the other GardaWorld story of some contractors that got arrested because they had 30 AK’s on them. Funny that, contractors with guns in a war zone? Of course this story was related to the APPF scheme of seizing the weapons of companies–without paying those companies for said weapons.

Another story mentioned was the arrest of Michael Hearn of Global Strategies Group for not registering their weapons. Those weapons according to the company, were parts guns that were not serviceable, used to repair other AKs.  I am sure there are other incidents that I am forgetting, but you get the idea. Kimberly Motley could probably add something to this conversation because of her extensive dealings with the Afghan legal system.

Some other stories of contractors wrongly thrown in Afghan jails include guys like Phillip Young, who thanks to Kimberly’s work, was set free. Another guy I have written about in the past was Robert Langdon, whom is still rotting away in prison.

The other interesting point on this story is Ménard’s  background. Michael Yon was highly critical of this leader back when he was a general in the Canadian Arm Forces posted in Afghanistan.  But even Michael’s current tone is one of being skeptical as to why he is in an Afghan jail.

I imagine the way this will work out is that he will stay in prison until the company or his family pays the fine. Hopefully he doesn’t stay in prison as long as Bill Shaw. Bill spent two years at Pul-e-Charkhi prison and was fined £16,185! Kimberly was also hot on this case and was instrumental in getting him released. –Matt

Edit: 02/19/2014- Daniel was released from detention. Story here.

 

 

 

Former Brigadier-General Daniel Ménard, the former head of Canadian forces in Afghanistan who now works for private security firm GardaWorld, was detained there since about Jan. 12.
By Allan Woods
Jan 29 2014
Former Canadian brigadier-general Daniel Ménard, who was fined and demoted for having a sexual relationship with a female subordinate, has been sitting in an Afghan jail for nearly three weeks, the Toronto Star has learned.
The former head of Canadian forces in the country, who now works for private security firm GardaWorld, was detained on or about Jan. 12. He was picked up by local authorities after leaving a meeting with Afghan government officials to discuss issues related to the development of Afghan security forces, Joe Gavaghan, a spokesman for the company, said in an interview Wednesday.
“He was leaving a meeting at the ministry office and a couple of officials approached him. They said, ‘We’ve got a problem with something and we’d like you to come with us to clear it up.’ Off he went and the next thing he knew he was going to be detained until they cleared it up.”
Ménard has not been charged with breaking any laws, Gavaghan said, adding the incident is based on an “administrative misunderstanding” related to its licence to operate in Afghanistan as a private security firm.
Gavaghan said the former commander of the 5 Canadian Mechanized Brigade Group, based out of CFB Valcartier, appeared in a Kabul court Wednesday.
“This involves some kind of administrative issue with our operating licence. It was kind of a technicality. It’s been cleared up and we believe that the individual is going to be released very shortly,” Gavaghan said.
“Right now we’re just trying to do everything we can to make sure there’s no further complications or anything that would delay that.”

(more…)

Saturday, September 18, 2010

Legal News: A Beauty Queen Takes Kabul

“I get threats of being raped,” she says. “If I was a man, I’d get more death threats, I suppose. But I get those as well.”

Her criticism of what she describes as a corrupt judicial system has brought the ire of the Afghan government, and heightened her security risk. The Afghan District Attorney’s office has threatened to arrest her next time she sets foot in Kabul.

*****

Shaw, now recuperating with his family in Spain, credits his release “to Kimberly and her dogged determination to succeed.”

Motley has developed her own approach to operating in the Afghan courts. During a trial, she never wears a veil or a dress. “I need to look like a man as much as possible,” says the 35-year-old beauty, who has a South Korean mother and an American father.  “I find that men hear me more when I don’t wear a headscarf. I wore it at first, and when I took it off, I found men were more respectful.”

*****

    This is awesome and I want to thank Kimberly personally for all the courageous work she has done in Kabul.  She is on the front lines of trying to free all those unfortunate souls that have become victims of a corrupt legal system in Afghanistan. Folks like Bill Shaw were released thanks to the work of Kimberly. It looks like she is also working on the Robert Langdon and Philip Young cases.

    Kimberly also wins big points for doing what she is doing in a war zone and Islamic society.  She has taken on this corrupt legal system with full vigor, and has received death threats along the way.  You know she is doing well when the government and the Taliban both despise her. lol For that, bravo to you Mrs. Motely!

     Also, I have yet to find her website, a link to her office in Kabul, or anything. So if anyone has that kind of information, I would like to edit this post to show that. –Matt

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Kimberly Motley–Motley works for the release of foreigners languishing in Afghan jails. (Photo courtesy of Kimberly Motley)

A Beauty Queen Takes Kabul

by Elise Jordan

September 17, 2010

Kimberly Motley is now one of the most respected lawyers in Kabul, who works to release foreigners languishing in Afghan jails. Elise Jordan meets the former Mrs. Wisconsin.

Kimberly Motley isn’t your typical international lawyer.

A former beauty queen, wife, and mother of three, she grew up in the projects, earned a law degree and worked as a public defender before moving to Afghanistan to become one of the most respected foreign lawyers in Kabul.

Motley works for the release of foreigners languishing in Afghan jails, and often her work starts after the verdict—as in the case of an Australian on death row, convicted of murdering an Afghan colleague; a South African sentenced to fifteen years in prison on drug charges, and a Brit convicted of fraud.

(more…)

Sunday, July 4, 2010

Legal News: Bill Shaw Has Been Acquitted!!!

     This is fantastic news and Bill can now call this his ‘independence day’.  Excellent work by everyone in bringing attention to this as well. It was so cool to see the media attention, or guys like Michael Yon just hammering away on getting this story out there. I was very impressed to see all the letters and commentary at the British Embassy in Kabul Facebook Page by friends and supporters of Bill, and every little bit counts. So thanks to everyone for getting the word out and helping out a contractor who was wronged. –Matt

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Cleared Briton Bill Shaw describes Afghan ‘living hell’

Sunday, 4 July 2010

Bill Shaw said he felt “absolutely elated” but the last few months had been “living hell”

A British man acquitted of bribery by an Afghan appeal court has described time in prison as “a living hell”.

Bill Shaw, a 52-year-old former Army officer from Leeds, was found guilty of bribing officials in March.

At the time, he was manager of a security firm providing protection to foreigners. He said he thought he paid a legitimate fine.

Mr Shaw told the BBC he was looking forward to “proper freedom”. His family said they were “absolutely elated”.

The appeal court cited lack of evidence as the reason for dropping the charges.

At his trial at Afghanistan’s newly-established anti-corruption court in March, Mr Shaw admitted paying for the release of two impounded vehicles but insisted he thought it was a fine.

We’ve been sure of dad’s innocence all along and we are truly grateful to the appeal court for its decision

Lisa Lucklyn-Malone Bill Shaw’s daughter

He was jailed for two years and fined £16,185.

Afghan officials who took the money have since disappeared.

Mr Shaw, who served for 28 years in the British army and was awarded the MBE for his service, was held in Kabul’s Pul-e-Charkhi prison, alongside inmates from the Taliban and al-Qaeda.

He told the BBC he was “very, very excited” he had been cleared, but the last four months had been “in all honesty, a living hell”.

“I never thought, as an honest person with integrity, that I’d be put in this position.

“That’s why I never ran away in the first place, even though advised to. But I didn’t because I stood, and I’ve got principles.

“And I’m just looking forward now to proper freedom now and taking these chains off,” he said.

Mr Shaw’s daughter Lisa Lucklyn-Malone, who lives in Kent, said the family was “over the moon” and her father “deserved” to be released.

“He called from the court room, choking back emotion, he was finding it hard to speak, but said ‘I’m coming home, I’m free, it’s brilliant’.

“We’ve been sure of dad’s innocence all along and we are truly grateful to the appeal court for its decision,” she said.

She went on to thank people “all over the world” for their “incredible support”.

She said her father had lost a lot of weight, and was physcially and mentally drained, but the news would have “picked him up 100%”.

‘Positively medieval”

The BBC’s Quentin Sommerville in Kabul, said Mr Shaw told him it was “unbelievable”.

“He’s clearly in shock, he didn’t really know whether these charges were going to be dropped against him or whether the appeal would be successful,” he said.

Our correspondent said Mr Shaw was likely to be released within a week.

But he added the “positively medieval” and “very dangerous” prison that Mr Shaw had been held in had taken its toll.

A Foreign Office spokeswoman said she was “pleased” for Mr Shaw and his family and consular staff were liaising with officials in Kabul to determine a date for his return to the UK.

“We welcome the appeal court’s decision which is now subject to finalisation in the Supreme Court.

“The UK continues to strongly support the work of the Afghan government to counter corruption and reinforce the rule of law in Afghanistan,” she said.

At the appeal ruling, Mr Shaw’s co-defendant, Afghan bodyguard and translator Maiwand Limar, had his sentence downgraded from two years to eight months.

Story here.

Friday, June 4, 2010

Afghanistan: Contractor Bill Shaw Being Held In Violent Afghan Jail, Family Fears For His Life

     Boy, this one stinks and I feel for the friends and family of Bill Shaw.  I don’t know enough about the case to make an accurate comment, but I do know the IPSSC and others have been involved with trying to get attention on this.  In my Robert Langdon post, Bill was mentioned as well.  If you would like to support Bill Shaw on Facebook, here is a link and let’s get the word out on this. –Matt

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Bill Shaw

Former RMP Officer Bill Shaw.

Family fears for Briton held in violent Afghan jail

Jerome Starkey

June 4, 2010

The family of a former British army officer jailed in Afghanistan on corruption charges have spoken of their fears for his safety after visiting him in one of the country’s most violent jails.

Bill Shaw, 52, was sentenced in April to two years in prison and fined $25,000 (£17,000) when a court found him guilty of trying to bribe an Afghan official. The former Royal Military Policeman was a manager of G4S, a security company that guards the British Embassy in Kabul.

Shaw was arrested with an Afghan colleague after handing over $25,000 for the release of two impounded vehicles. In court he said he thought it was a legitimate release fee, paid to a uniformed Afghan official. “He has been a victim of something set up,” said his daughter Lisa, 32, who travelled to Kabul with her mother Liz, 51, on Monday. Kimberley Motley, an American lawyer, is mounting Shaw’s appeal.

President Karzai has been repeatedly criticised for failing to reduce corruption within his Government. Although he referred to it as a cancer, he maintains that the West is just as guilty.

The country’s courts are notoriously opaque, justice can often be bought, and judges can be influenced by warlords, religious leaders or power brokers. In many parts of the country, Afghans turn to the Taleban who offer strict Islamic law, because it is preferable to the lengthy, expensive and often unfathomable state alternative. Shaw was convicted by a panel of three judges despite the prosecution’s failure to present witnesses.

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