From Deseret News archives:

3 Utahns coached Afghans on laws

JAG officers tell of their challenges, progress

Published: Monday, Sept. 24, 2007 12:09 a.m. MDT
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Three days into their search, the soldier came to them at night. He had heard they were looking for him, and his friends sneaked him onto the military base disguised in civilian clothes.

With tears in his eyes, the soldier told Kawai he intended to kill the battalion commander. In a long, desperate conversation, Kawai pleaded with the young man not to take the law into his own hands.

"Please believe we will do all we can to bring him to justice," he said. Eventually, the soldier agreed.

"But if you fail," the young man warned, "I will kill him myself."

Kawai and his ANA counterpart prosecuted the commander. They presented a mountain of physical evidence and witness testimony to prove the assault. Though the evidence was staggering, there was a chance the commander would get off free. He had many powerful friends. Parliament members with an interest in the case advised the judges to drop it.

Despite the pressure, the judges sentenced the commander to five years in prison. He appealed his sentence, but the ruling stood. Kawai said it was the first instant he's heard of any high-ranking Afghan officer being sentenced to serve time in jail for a crime.

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After the sentence was handed down, Kawai asked the soldier who was assaulted if he was satisfied with the trial's outcome. The soldier, again with tears in his eyes, thanked Kawai.

"This is more than what I hoped for," he said.

As Kawai left the courtroom, throngs of young soldiers swarmed around him, anxiously asking about the trial's outcome. When he told them, they cheered. Some pulled out their cell phones. Within minutes, hundreds of soldiers knew the trial results.

"It showed the Afghans that on the horizon there is a time when the rule of law is applicable to everyone," Kawai said.

Not everyone was happy with the trial's outcome, or Kawai's aggressive mentoring style. The Afghan core commander at the base Kawai was assigned to got phone calls from Parliament demanding to know why the legal team was investigating military leaders. Close friends warned him they heard a $500 contract on his life was issued while Kawai was investigating another battalion commander.

"I knew I was creating enemies" he said. He wasn't deterred.

Letdowns, victories

His fellow JAG officers also enjoyed their share of victories, though not every case concluded with a happy ending.

Church also trained legal teams that convicted high-profile officers. While he was at the Kabul Military Training Center, two sergeants assaulted an Afghan recruit. At trial's end, one received five years in jail and the other received eight years. But he also experienced his share of high-profile letdowns.

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Image
Provided By Lt Col. Robert Church

Lt. Col. Robert Church, an Orem city prosecutor, poses with two Afghan children during a humanitarian assignment.

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