ArmorGroup Security Guard Danny Fitzsimons escapes Death Penalty on PTSD diagnoses

Danny Fitzsimons avoids death penalty and lawyers press for reduced sentence to be served in UK

Clive Stafford Smith, Reprieve’s director, said: “If G4S had done the proper checks and risk assessments when Danny applied to work with them, they would have quickly seen that he was suffering from serious PTSD, a consequence of loyally serving his country.

People with PTSD can have “heightened levels of physiological arousal,” such as elevated heart rates even though they are not in real danger, Baldwin said.

“Because they feel unsafe, they’re more likely to be triggered into a defense state that might get them out of a traumatic experience that isn’t really happening,” he said.

“During this type of event, you think that your life or others’ lives are in danger,” Baldwin said. “You may feel afraid or feel that you have no control over what is happening.” from Learning to Live Again

The Guardian UK Monday February 28, 2011  12:50 GMT

Danny Fitzsimons leaves the Iraqi court where he received a 20-year jail sentence for murder. Immunity for foreign contractors was lifted in 2009. Photograph: Karim Kadim/AP

A British former soldier has been jailed for 20 years by the supreme court of Iraq for the murder of two fellow security contractors, becoming the first westerner to be convicted in the country since the 2003 invasion.

The family of 31-year-old Danny Fitzsimons expressed relief that he had escaped the death penalty and asked Iraqi authorities and the UK government to ensure his safety in prison. Defence lawyers indicated they would try to get the term reduced.

Before his conviction and sentencing in a hearing lasting less than 30 minutes, there had been talks over whether he could be transferred to a British prison. Fitzsimons’s family and campaigners fear for his safety if he is moved outside Baghdad’s Green Zone to the city’s Rusafa prison.

Fitzsimons, from Middleton, Manchester, was accused of shooting fellow Briton Paul McGuigan and Australian Darren Hoare in Baghdad, colleagues with the UK security firm ArmorGroup, part of G4S, after an argument in the Green Zone in August 2009. He was also accused of wounding an Iraqi guard while fleeing. The incident happened within 36 hours of his arrival in the city. He had worked in the country before.

Fitzsimons admitted shooting the men but claimed it was in self-defence. The colleagues had been out drinking and the other two tried to kill him during an altercation, he said. Fitzsimons claimed to be suffering from post-traumatic stress disorder (PTSD).  Please read the entire story here

Invisible Wounds can be fatal

Courier Mail Sunday Mail Australia

AUSTRALIAN families, friends and communities have buried 23 soldiers killed in Afghanistan since 2002.

Each one was hailed for their heroism, remembered for their larrikinism and commended for their dedication to their mates and their mission.

But there is an even sadder and often silent statistic that is forgotten – the number of soldiers, sailors and airmen and women who have ended their lives for reasons that don’t command a full military funeral or public acknowledgement by politicians.

New Defence figures show that 31 enlisted Defence personnel have, or are believed to have, committed suicide since 2005.

Of those, 10 were in Queensland  the highest among the states, with seven suspected suicide cases in NSW and six in the ACT.

The suspected suicide deaths of two other Queensland soldiers earlier this year are also being investigated by the coroner but are not included in the figures at this stage.

Young Diggers president John Jarratt believes the number of confirmed suicides is just the tip of the iceberg with many more going unaccounted for once they have been discharged from the defence forces.

“Look at Vietnam. The number killed was far outweighed by the number who took their own life in the years after their service,” Mr Jarratt said.

“We call it the invisible wounds of war, people dying not in combat but as a result of combat, years later.”

Please read the entire story here

CRS Report: Defense Department’s Use of Private Security Contractors in Afghanistan & Iraq

February 21, 2011

Background Analysis and Options for Congress

by Moshe Schwartz  Specialist in Defense Aquisition

See this report at ProPublica

Obama presides over a private contractor boom

The use of armed private contractors has soared in Afghanistan since President Obama took office, a report finds

War Room Salon February 25, 2011

The number of private security contractors working for the Defense Department in Afghanistan has more than tripled to about 19,000 since June 2009, according to a new congressional study.

The study found a steady increase in private security contractors — most of whom are Afghans — since the DOD started tracking the data in September 2007.

That trend accelerated markedly once President Obama took office, and the number of security contractors has increased at a faster rate even than the number of U.S. troops in Afghanistan. Check out this chart from the study:

And here are the top-line numbers:

 

From December 2008 to December 2010, the number of U.S. troops and DOD contractor personnel in Afghanistan increased. However, the number of security contractors increased at a much faster rate (413%) than total contractors (22%) or troop levels (200%). As of December 2010, security contractor personnel made up 22% of all DOD contractors and was equal to 20% of the size of total U.S. troop presence in Afghanistan.

The study also found that contractors are a whopping 2.75 times more likely to be killed in Afghanistan than uniformed troops. It’s also worth noting that, as I’ve previously reported, contractor deaths are not closely tracked and publicly disclosed in the same way that troop deaths are.

Please see the original at Salon

• Justin Elliott is a Salon reporter. Reach him by email at jelliott@salon.com and follow him on Twitter @ElliottJustin More: Justin Elliott

9th Circuit Court of Appeals Upholds Longshore and Harbor Workers Compensation Act

Feb 18, 2011 – Los Angeles, CA – Just one week after oral arguments were presented, the U.S. Court of Appeals for the 9th Circuit issued its decision in California United Terminals vs. Towne. The 9th Circuit Court of Appeals denied the petition for the case to be reviewed, thus holding employers responsible for the injured party’s (the Claimant’s) litigation costs associated with successful prosecution of legitimate workers compensation claims. The 9th Circuit Court’s decision helps to preserve the purpose and integrity of the Longshore and Harbor Workers’ Compensation Act – to provide fair and timely compensation to injured workers.

“We are pleased that the 9th Circuit is sending a clear message to employers and their insurance carriers – to stop denying legitimate claims by prolonging and increasing the cost of litigation,” said Charles D. Naylor of the Law Offices of Charles D. Naylor (http://www.NaylorLaw.com), a Los Angeles-based law firm specializing in maritime and admiralty law.

“Had the 9th Circuit ruled in favor of California United Terminals, it would have set legal precedent allowing employers to continue their practice of denying medical treatment and delaying payment of legitimate compensation claims.

It would have forced the injured worker to absorb the cost of the employer’s legal shenanigans, making the claims process too risky for injured workers and thus completely ineffective.”

California United Terminals is now likely to ask the United States Supreme Court to hear the case, which they must do within 90 days.

In 2002, Sandra Towne, a 59 year Marine Clerk, was diagnosed with Carpal Tunnel Syndrome, an injury that is most commonly the result of repetitive trauma over time. After conservative, non-surgical care failed, she needed surgery. Towne filed a claim to receive benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA) which provides benefits including medical care compensation for temporary disability at 2/3 of average wages while off work and recovering. When her claim was denied, she retained Charles D. Naylor.

“The Longshore and Harbor Workers’ Compensation Act is meant to provide very basic level of compensation and it’s supposed to be made available to those that are injured without the need for an attorney or any litigation,” said Charles D. Naylor, who has represented Ms. Towne since 2002 and has handled hundreds of Longshore and Harbor Workers’ Compensation Act claims throughout his 35-year career.

While seeking conservative treatment, Towne continued to work on the waterfront. Like most longshore workers and marine clerks on the West Coast, Towne received work assignments at the union dispatch hall and often worked for a different employer from day to day.

The law applying the LHWCA is very clear on the following:

• The last employer where a worker is exposed to repetitive trauma is responsible to provide compensation benefits to a worker injured by repetitive trauma.
• If the injured worker has to retain an attorney to collect benefits, and is ultimately successful, the employer is responsible for the Claimant’s attorney’s fees.

Two and a half years after she was diagnosed, Towne’s then employer, California United Terminals, Inc., agreed to pay for the surgery she needed after being joined in the litigation by the judge. In trial court, and before the Benefits Review Board, California United Terminals was ordered to pay all of Claimant’s attorney’s fees.

California United Terminals (CUT) took the case to the 9th Circuit Court of Appeals. On February 8, 2011, CUT argued that they are only responsible for fees during a 13 day period, at most, out of the eight and one half years of litigation, and that the remainder should come out of Towne’s pocket.

The Law Offices of Charles D. Naylor, along with Joshua Gillelan II, Esq. of the Longshore Claimants’ National Law Center, represented Ms. Towne.

An audio transcript of the oral arguments and a copy of the Court’s decision (Memorandum) can be found on the 9th Circuit Court of Appeals website. See the original press release by Charles D Naylor here

Tax and DBA Insurance Fraud, Misrepresenting Employee’s as Contractors

Some Contract Companies avoid paying Medicare and Social Security Taxes on their employees by classifying them as independent contractors or consultants.  The IRS considers this to be Fraud.

These same companies claim these same independent contractors/consultants to be employee’s for the purposes of acquiring mandated Defense Base Act Worker’s Compensation Insurance.  Even going so far as to have workers sign and back date employee contracts after they have been injured so they will be covered.

See more on Misclassification of Employee’s as Contractors at Overseas Contractors Tax Information where you will also find a link to the IRS Form SS-8

Following is a recent SS-8 Determination which confirms the Misclassification and opens up the company to an investigation of Tax and Insurance Fraud and US Labor Law Violations.

ProPublica Honored With Two George Polk Awards

by Minhee Cho at ProPublica

ProPublica is pleased to announce that it has won two George Polk Awards this year, in collaboration with our partners NPR and Frontline, for the series “Brain Wars” and “Law & Disorder.”

A collaborative project by ProPublica’s T. Christian Miller and NPR’s Daniel Zwerdling and Susanne Reber, “Brain Wars ” found that the U.S. military was failing to diagnose and treat traumatic brain injuries suffered by soldiers. It has been selected for the George Polk Award for Radio Reporting.

ProPublica’s A.C. Thompson along with our partners Raney Aronson and Tom Jennings at Frontline and Laura Maggi and Brendan McCarthy at The Times-Picayune won the George Polk Award for Television Reporting for “Law & Disorder ,” which took an in-depth look at the controversial and often brutal actions taken by the New Orleans Police Department in the aftermath of Hurricane Katrina.

The George Polk Awards are conferred every year to honor special achievement in journalism, particularly investigative and enterprise reporting. ProPublica’s Abrahm Lustgarten was among the winners last year for his reporting on the dangers of drilling for natural gas.

Congratulations to all of the winners Please see the original here

Raymond Allen Davis, CIA Agent, Detained in Pakistan, Former Blackwater Security Contractor

US reveals that CIA agent Raymond Davis worked for private security firm Xe, formerly known as Blackwater

For background on this ongoing diplomatic standoff and US Coverup read here

The Guardian UK

Pakistani Police escort Raymond Davis

US officials have provided fresh details about at the centre of a diplomatic stand-off in Pakistan, including confirmation that he had worked for the private security contractor Xe, formerly known as Blackwater. They also disclosed for the first time that he had been providing security for a CIA team tracking militants.

Davis was attached to the CIA’s Global Response Staff, whose duties include protecting case officers when they meet with sources. He was familiarising himself with a sensitive area of Lahore on the day he shot dead two Pakistanis.

The New York Times, Washington Post, Associated Press and other media outlets reported for the first time that Davis is a CIA employee. They said they had been aware of his status but kept it under wraps at the request of US officials who said they feared for his safety if involvement with the spy agency was to come out. The officials claimed that he is at risk in the prison in Lahore. The officials released them from their obligation after the Guardian on Sunday reported that Davis was a CIA agent.

Davis shot dead two Pakistanis in Lahore last month who he says he been trying to rob him. A third Pakistani man was killed by a car driven by Americans apparently on their way to rescue Davis.

Confirmation that he worked for Xe could prove even more problematic than working for the CIA, given the extent of hatred towards Blackwater, whose staff have gained a reputation in Pakistan as trigger-happy. For Pakistanis the word “Blackwater” has become a byword for covert American operations targeting the country’s nuclear capability. Newspaper reports have been filled with lurid reports of lawless operatives roaming the country

Read the entire article here

ArmorGroup Security Contractor Danny Fitzsimons Must Wait To Hear Death Sentence Verdict

Iraqi judges presiding over the trial of a British security contractor accused of murdering two colleagues have adjourned proceedings once again

According to Fitzsimons’ legal team, the request for more reports is a sign the judges are taking the issue of PTSD seriously.

Ursula Errington, Sky News correspondent

The adjournment in the trial of Danny Fitzsimons was called so judges could consider more evidence relating to the former paratrooper’s psychological state.

Mr Fitzsimons admits shooting former Royal Marine Paul McGuigan and Australian ex-airman Darren Hoare in August 2009 after the three private security contractors had been on a whisky-drinking binge.

But he says he did only so in self-defence after the two men attacked him.

He also maintains he suffers from severe post-traumatic stress disorder (PTSD) after serving in Kosovo, Bosnia, Iraq, Afghanistan and Northern Ireland.

He has pleaded guilty to manslaughter with diminished responsibility, but not guilty to murder.

Judges will reconvene on February 28 after ordering further reports on how traumatic experiences may have effected him.

According to Fitzsimons’ legal team, the request for more reports is a sign the judges are taking the issue of PTSD seriously.

The 30-year-old, from Rochdale, is the first Westerner to be tried in Iraq since immunity for foreign security workers was lifted in 2009.

If convicted of murder he could face the death penalty.

His legal team are likely to appeal to Iraqi authorities to allow him to serve any prison sentence back in the UK.

Fitzsimons believes “(I’m) a dead man” if he is moved from his cell inside the Green Zone to Baghdad’s Russaffa prison.

As a former British soldier turned private security contractor, he thinks he may be a target for other inmates.

Danny Fitzsimons to be sentenced but for ArmorGroup it is business as usual

Danny Fitzsimons

In only a matter of hours , barring further delays,  Danny Fitzsimons will face sentencing for shooting and killing Darren Hoare and Paul McGuigan in ArmorGroup’s living quarters in the Green Zone.  A possible death sentence

The first Contractor to be tried in the Iraqi Courts under Iraqi Jurisdiction.

Lucky for ArmorGroup.

Under Iraqi Jurisdiction there was no formal inquiry into who armed a man with several psychiatric diagnoses,  a criminal record,  pending weapons charges, known drug and alcohol problems, who was fired from two other security companies and was considered to be a problem among his peers.

Under US or UK law ArmorGroup would bear some responsibility for arming a man this whacked.  Maybe even be considered accessory to the murders.

Negligence of this nature occurs as a matter of rule with some Contract Companies.  Like Armorgroup did,  just under bid the contract so you can win it.   The solution then is to under staff, over work, refuse to provide the necessary equipment that was contracted  for, and put any warm body in place without vetting them to ensure that they are who and what they claim to be.

Darren Hoare

How many accidents, injuries, and deaths have occurred due to negligence of this nature?

We will never know.  Very few incidents are publicized.

Contractors with psychiatric meltdowns are spirited away and promoted or dumped on their families.  The victims of the melt downs are paid to keep them from filing a Defense Base Act Claim.

Deaths and Injuries of many foreigners are never filed on because they and their families do not know they are due benefits.  Defense Base Act Claim filings are the only numbers kept.

Paul McGuigan

All accidents in the warzones are the fault of no one due to the DBA’s Exclusive Remedy and dead men tell few tales when no real unbiased investigation is required.

There has been a very vocal outcry from the families and friends of Paul McGuigan and to a lesser extent Darren Hoare regarding what a bad man Danny Fitzsimons is and how they cannot wait to see him hung.  We get these comments on our blogs as well as witness them in recent media coverage.

But there is an odd abscence of them laying any blame where it us undoubtedly deserved upon the negligence of ArmorGroup for arming Danny Fitzsimons and putting their loved ones in his path.

Confidentiality?

Darren Hoare and Paul McGuigan paid for this negligence with their lives.

The families of all involved have paid dearly and always will.

Danny Fitzsimons will soon pay for his actions, as well as every wrong done by every Contractor to the Iraqi people.

Danny Fitzsimons is to the Iraqi’s what Raymond Davis is the Pakistani’s.

Danny Fitzsimons is Blackwater in their eyes.

Armorgroup continues to guard the US Embassy in Kabul despite having the low bid contract “taken away”.