US pilots took drugs prior to Canadian deaths, court told

TWO American pilots had taken amphetamines to help them stay awake before they dropped a bomb in Afghanistan that accidentally killed four Canadians, one pilot’s lawyer said yesterday.

The pilots also were given anti-depressants when they returned from their mission, said David Beck, lawyer for Major William Umbach.

Beck spoke at a military hearing in Louisiana to decide whether the pilots should be court-martialed for dropping the guided bomb near Kandahar last April.

Umbach and Major Harry Schmidt are charged with involuntary manslaughter. The Air Force contends they failed to follow proper procedure and ensure no allied troops were in the area.

Beck and Charles Gittins, Schmidt’s lawyer, have said the pilots were not told Canadians were conducting live-fire exercises and believed their F-16s were under attack from the Taliban or al-Qaida. They have also said the amphetamines may have impaired the pilots’ judgment.

Beck said the amphetamines are given to Air Force pilots to help them stay awake during long missions, and promised to raise the issue of the pills later in the hearing.

In the military court system, such a hearing is known as an Article 32 and is considered an investigation, similar to a civilian grand jury hearing.

The pilots, who are with the Illinois National Guard, face a maximum of 64 years in military prison if convicted in a court martial.

Among the expected witnesses in the hearing was Colonel David Nichols, the pilots’ commander, who complained about communications problems to his superiors in e-mails sent months before the accident, said David Beck, Umbach’s lawyer.

Nichols warned his superiors the problems would eventually result in the friendly fire deaths of allied troops, Beck charged. Air Force officials have declined to discuss the case.

Beck alleged the bombing occurred because the pilots were not told the Canadians would be practicing anti-tank manoeuvres with live ammunition that night. Schmidt dropped the bomb after seeing anti-aircraft fire on the ground and believed Umbach was under attack.

Schmidt and Umbach also face charges of aggravated assault and dereliction of duty.