Defense Base Act Compensation Blog

The Modern Day DBA Casualty

Posts Tagged ‘Iraqi Jurisdiction’

ArmorGroup Security Guard Danny Fitzsimons escapes Death Penalty on PTSD diagnoses

Posted by defensebaseactcomp on February 28, 2011

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

Posted in Armorgroup, Civilian Contractors, Contractor Casualties and Missing, Exclusive Remedy, Iraq, Melt Down, PTSD and TBI | Tagged: , , , , , , , | 6 Comments »

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

Posted by defensebaseactcomp on February 19, 2011

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”.

Posted in Armorgroup, Blackwater, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act Law and Procedure, Exclusive Remedy, Iraq, Melt Down, PTSD and TBI, State Department | Tagged: , , , , , , , , , | Leave a Comment »

Reminder to Contractors Regarding Iraqi Jurisdiction

Posted by defensebaseactcomp on July 15, 2009

This is a little OT but the State Department would like this information to reach as many contractors as possible.

Email us at dbacasualty@yahoo.com for the original document as a PDF File for Printing and Posting.

Staff Notice US Embassy

USG Contractors and Contracting Officers Representatives under
COM Authority

Posted in Uncategorized | Tagged: , , | Leave a Comment »

 
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