Feral Jundi

Thursday, December 30, 2010

Legal News: Fitzsimons Goes On Trial In Iraq Charged With Killing Two Colleagues

Filed under: Industry Talk,Iraq,Legal News — Tags: , , , , , — Matt @ 5:24 AM

     Who knows how this case will go?  If any legal folks out there have an idea on how this might go down, I would be interested in hearing your opinion on this. –Matt

Briton goes on trial in Iraq charged with killing two colleagues

Wednesday 29 December 2010

A British security contractor charged with killing two of his colleagues after an argument in Baghdad’s Green Zone has gone on trial in Iraq.

Danny Fitzsimons, 29, from Middleton, Manchester, is charged with shooting dead another Briton, Paul McGuigan, and an Australian, Darren Hoare, in August 2009 and wounding an Iraqi guard while fleeing.

All were working for the British security firm ArmorGroup Iraq.

He is the first westerner to go on trial in an Iraqi court since a 2009 US-Iraqi security agreement lifted immunity for foreigners, and faces the death penalty if convicted.

Fitzsimons, a former soldier who served in the Parachute regiment, was in court as the guard, Arkan Mahdi Saleh, told a three-judge panel he saw Fitzsimons with a pistol before he was shot.

“I was standing at a guard post when I heard some movements behind me,” said Saleh, 33. “When I turned back to check, I saw Fitzsimons with a pistol in his hand and aiming at me.”

Fitzsimons stood behind a wooden fence with two security guards closely watching him.

At one point he asked a judge for permission to speak, but the request was refused. “I’ve got a lot to say,” Fitzsimons told his lawyer after the court adjourned.

Written testimonies from three foreign security contractors said they saw the three men drinking and quarrelling inside one of the caravans where they lived.

The case was adjourned until 23 January.

Story here.

Saturday, August 15, 2009

Industry Talk: Security Industry to Review Vetting After Report on Murder Suspect

   This was a great little article, because it highlighted the good work of Andy Bearpark and BAPSC.  It also brings to light why it is so important to get involved, because there is a lot of attention right now on the conduct of companies and their hiring practices.

   Although I am still disappointed in the UK Foreign Office and their standpoint on PSC’s and PMC’s.  Self regulation is fine, but what are they self regulating too?  Each company has a different standard to abide by, and that standard is more guided by cost as opposed to what is right or wrong.  It takes a regulatory agency with teeth, to enforce regulations that all companies must play by.  For the Foreign Office to just throw their arms up in the air and say ‘I’m out’ is weak.

    The US effort is no different in my view.  We (the contractors that are tired of being hated) have been screaming at the top of our lungs what the problems are and what the numerous solutions could be and should be, and yet here we are, still dealing with these problems that are supposedly ‘impossible to solve’.

    Now here is an idea.  Why not get all the countries together that authorize their citizens to contract in these wars, put them in a room and tell them not to leave until a system is created to regulate the thing?  We could order pizzas and soda, park a couple of porta-potties in the back of the room, and lock them in that room until a reasonable plan is put together.

     The alternate plan is we can continue with the current system, and just wait for another Fitzsimons shooting spree or a Nisour Square incident to happen, so we can all further enjoy the hatred coming from the global community. Pfffft. –Matt

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Security industry to review vetting after report on murder suspect

Case of Daniel Fitzsimons highlights need for change

By Terri Judd and Tom Peck

Saturday, 15 August 2009

The private security industry regulator has promised to tighten vetting practices after The Independent revealed that the man accused of shooting dead two fellow security contractors in Iraq had a long history of psychiatric illness, was awaiting trial for assault and had previously been sacked by another private security company.

The Government has recently held a six-month consultation into the multi-million dollar private security industry – which boomed in the early days of the Iraq conflict leading to concerns about the number of unregulated companies – and is expected to report back later this year, recommending self regulation with international cooperation to raise standards.

Andy Bearpark, the director general of the British Association of Private Security Companies (BAPSC) said one of the matters being considered was vetting procedures. “This case will draw this review into sharp focus,” he said. “At the moment every company has different procedures. Common sense tells us that there should be standard procedure.”

Mr Fitzsimons, 29, who is currently facing charges of murder and execution if found guilty, is as much a victim as the dead men, say his family, because he had documented psychiatric problems following combat duties with the British Army. He had also had a criminal record and been sacked for “extreme negligence” by Aegis, another security company.

ArmorGroup, the company who hired Mr Fitzsimons, said in a statement yesterday that it would not comment on individual cases but maintained that it has, “strong vetting and screening policy and processes in place”. It claims that these procedures include: “Assessing applicants’ backgrounds and likely resilience to stress in the recruiting process to ensure that those employed will be resilient on account of prior active service and an independent medical report that candidates are obliged to provide.”

Mr Fitzsimons’s family feel that a screening policy should have prevented him from being hired by ArmorGroup. His stepmother said: “He shouldn’t have been allowed back into a warzone in the state of mind he was in.”

Mr Bearpark argues that a greater level of cooperation between companies, in this competitive industry, is needed. “We have suggested if companies do not want to deal directly, BAPSC could provide a central register,” he said. While the association currently has a charter, this latest review is likely to lead to the formation of a detailed code of conduct. “The private security industry is essential if the UK is to play its role in reconstruction of fragile states such as Afghanistan and Iraq. BAPSC was formed to ensure that standards in all areas were raised and that the very best practices were used by the industry generally. We have worked with the British Government since our formation in 2005 to ensure that this is the case,” he added.

A Foreign Office spokesman said that self regulation looked like the most likely option. “Given the activities of UK private military and security companies overseas, often in countries with weak legal systems and where it would be difficult to collect reliable evidence and witnesses, there would be problems investigating and enforcing any breach of regulation such as a licensing regime.

“We believe self-regulation through the industry association in conjunction with international cooperation to raise standards is more likely to achieve the desired outcome, namely, to improve standards of conduct by security companies internationally, and reduce the risk that a UK company breaches international standards.”

Story here.

 

Wednesday, August 12, 2009

Industry Talk: Justice in Iraq, Contractors with PTSD and Taking Care of Our People

     Mr Fitzsimons posted details about his military past on a Facebook page set up to honour fallen service personnel. He tells of his time in 2 Para and his 3½ years in private security work. He advises soldiers in Iraq and Afghanistan: “Stay safe and to those who will return to fight a different battle … A war inside your head.” 

   Ever since this story came out in regards to the Armor Group shootings and this Fitzsimons guy, I have been thinking about the FJ point of view on this.  More specifically, the Jundism point of view.  The one thing I keep coming back to as far as the correct point of view, is ‘have the courage to do what is right’ or in the case of this story, have the courage to say what is right.

   Even though this guy killed two of his comrades in cold blood, as well as wounding an Iraqi, I think what is even more important out of all of this, is that Mr. Fitzsimons gets a fair trial in Iraq.  And if he cannot get a fair trial there, then I think it would be better to get him back to the UK to try him.  I want justice, as do most, but I do not want to witness something that is even more ‘ugly’ and vile.  So the question is, would he get a fair trial in Iraq?

   Undoubtedly, contractors are not liked in Iraq, and it would not surprise me that he would be given a death sentence in Iraq.  And you know, the death sentence is a part of the Iraqi justice system (they have hanged quite a few guys, to include Saddam).  It’s just that in this case, Fitzsimons killed an Australian and a Briton, and wounded an Iraqi, while in Iraq.  I guess he would fall under the laws of Iraq, based on the SOFA agreement, but there is an argument that he should fall under British law or even UCMJ, if he was under contract through a DoD gig.  I don’t know, but I do know that the imagery of a contractor hanging from the gallows of Iraq would be quite the message.  Not only to the industry but to the public and especially to Iraqis.  That message is another area we need to go over.

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