PILLS IMPAIRED U.S. PILOTS, LAWYER SAYS

Defence For Friendly Fire Case. Air Force Coerced Both Men To Take
Amphetamines; 'It's Not Voluntary,' He Says

The U.S. pilots involved in a friendly fire incident that killed four
Canadian soldiers in Afghanistan were forced to take amphetamine pills that
clouded their judgment, a lawyer for one of the airmen says.

Major Harry Schmidt and Major William Umbach will face a military panel on
Jan. 13 to determine if they are to be court-martialed for dropping a
laser-guided bomb on a battalion of Princess Patricia's Canadian Light
Infantry troops outside Kandahar just after midnight on April 17 of last
year. The Canadians had been conducting a night-time live-fire exercise at
a disused Al-Qa'ida training centre.

Schmidt's lawyer now says the air force coerced his client and Major Umbach
into taking so-called "go pills" that night.

"It certainly affects perceptions, and could cause a pilot to focus on one
task at the expense of another," Charles Gittens said in an interview.

The air force issued a statement saying the use of dextroamphetamine pills
is closely monitored by doctors, and they are used sparingly as a "fatigue
management" measure to keep pilots alert on long missions.

"During contingency and combat operations, aircrew members are often
required to perform their duties for extended periods without rest," the
statement read. "When authorized, (go pills) are only used with the aircrew
member's informed consent, after appropriate ground testing for adverse
effects, and their use is completely voluntary at the discretion of the
aircrew member."

Gittens criticized the air force for administering the pills, accusing the
government of not bothering to investigate the potential side effects from
their use.

"They have not yet conducted any trials on combat pilots using night-vision
goggles, as these men were. The only study they've done is in simulators
with helicopter pilots," he said.

"You're already putting these pilots in combat situations where they're
under maximum stress, and now you're giving them pills on top of that?"

Gittens also said that contrary to air force claims, the pilots don't have
the choice of refusing the pills, because they are asked to sign a release
before taking them. Refusing to do so, he said, results in a pilot being
grounded.

"It's not voluntary. You don't have to be a rocket scientist or a military
law expert to know that," he said.

Gittens said the impairment argument will form the centrepiece of his
defence of Schmidt.

A preliminary investigation conducted jointly by U.S. and Canadian military
officials found the two pilots had erred substantially in dropping the
bombs, and had displayed "poor airmanship" and disregard for instructions.

Umbach and Schmidt had been on patrol for six hours when they saw muzzle
flashes on the ground. Believing they were under enemy attack, Schmidt
radioed an airborne control centre and asked for permission to respond.

Despite being told to wait, Schmidt dived toward the flashes and dropped
the 450-kilogram bomb, which landed on a machine-gun position, killing Sgt.
Marc Leger, Cpl. Ainsworth Dyer, Pte. Richard Green and Pte. Nathan Smith.

Gittens and fellow lawyer David Beck, who represents Umbach, said the two
Illinois-based reservists have been fingered as scapegoats by military
officials who refuse to own up to their responsibility.

Gittens said air-force officers should shoulder most of the blame, because
they did not pass on crucial information about the Canadian training exercise.

The two pilots will appear before a military panel on Jan. 13 at Barksdale
Air Force Base in Louisiana, after which a recommendation will be made on
whether they should be court-martialed.

Each currently faces charges of involuntary manslaughter, aggravated
assault and dereliction of duty. If convicted, the maximum penalty is 64
years in a military stockade.