'Friendly fire' pilot appealing conviction

An American pilot who bombed and killed four Canadian soldiers in Afghanistan is appealing his conviction on dereliction of duty charges, his lawyer said Wednesday.

Charles Gittins said Maj. Harry Schmidt gave him the instructions after a morning round of golf and that the appeal will be filed by Monday's deadline.

Maj. Harry Schmidt arrives for an earlier court hearing. (CP Photo)

Schmidt was found guilty by his commanding general, and given a scathing written reprimand. He will also forfeit half a month's pay for two months $5,672 US and while he can remain in the Illinois National Guard, he will no longer be allowed to fly.

In the reprimand, Lt.-Gen. Bruce Carlson, who handed down the verdict, wrote that an arrogant Schmidt didn't express "heartfelt remorse" over the Canadian soldiers' deaths.

"I do not believe you acted in defense of Major Umbach or yourself," Carlson wrote of Schmidt's decision to drop a laser-guided bomb.

Carlson wrote that Schmidt disregarded a direct order and "acted shamefully...exhibiting arrogance and a lack of flight discipline. The victims of your callous misbehaviour were from one of our staunch allies in Operation Enduring Freedom and were your comrades-in-arms."

Indepth: text of Schmidt's reprimand

On Canada Day, Schmidt defended his actions at an administrative hearing, using classified materials to explain what he did that April 2002 night. Schmidt has said he wasn't told the Canadians would be in the area that night.

On April 17, 2002, Schmidt and Maj. William Umbach, believing the enemy was firing at them, dropped a bomb on members of the Edmonton-based Princess Patricia's Canadian Light Infantry, which was training near Kandahar, Afghanistan.

Four soldiers were killed Sgt. Marc Leger, Pte. Richard Green, Pte. Nathan Smith and Cpl. Ainsworth Dyer and eight others injured. The Canadians were taking part in a night time, live-fire training exercise.

On June 25, Schmidt opted for the non-judicial hearing, rather than court martial. It was a move that put Schmidt where he'd been a year ago after a military judge recommended in March 2003 that Schmidt and Umbach not face court martial, Schmidt asked for the more serious hearing, saying it was the only way to clear his name.

Indepth: Friendly fire case: the legal saga

Umbach quietly agreed to accept a reprimand and retire from the air force.