PETAWAWA, Ont. — A Canadian soldier charged with second-degree murder was seen firing his weapon at a severely injured Afghan insurgent — but the body was never recovered, according to documents read into the military court record.

Capt. Robert Semrau, 35, faced his first court appearance Tuesday since being charged Dec. 31 for an offence alleged to have taken place last October in Helmand Province.

According to an agreed “synopsis” of known circumstances surrounding the Oct. 19 incident, Semrau was with a Canadian operational mentor and liaison team under British command and working with the Afghan National Army when they were ambushed by the Taliban during a 26-kilometre overland pursuit.

A U.S. Apache helicopter was called in, after which the group discovered one dead insurgent and another with wounds “too severe for any type of treatment” in the field.

An assault rifle was taken from the injured man.

According to the court document, the dead and wounded were photographed by Semrau’s group “in accordance with standard procedures,” after which Semrau was seen standing alone by the two insurgents.

Two shots were heard and “at least one witness” will say he saw Semrau firing his rifle at the wounded insurgent.

The Canadian and ANA forces then immediately moved on and the body of the allegedly murdered insurgent was never recovered.

Semrau has been charged with second-degree murder for “shooting with intent to kill” an unarmed “presumed insurgent” in Afghanistan.

Tuesday’s court hearing was to determine whether Semrau should be released from custody in a military cell at Canadian Forces Base Petawawa, where he was recently transferred from Afghanistan.

Although both the Crown and the defence agreed Semrau should be granted bail, presiding military judge Lt-Col. Louis-Vincent d’Auteuil reserved judgment until today.

Semrau’s wife of nine years, a local Pembroke, Ont. kindergarten teacher, was at the hearing along with the couple’s seven-month-old daughter. The family lives in nearby Pembroke.

Semrau’s lawyer, Maj. Steve Turner, said the agreed statement of circumstances is not the final word in what is a continuing investigation.

While the Crown contends that Semrau fired the two shots that were heard by witnesses, Turner told the court “the defence theory, of course, will be different.”

The case appears far from open and shut.

Military prosecution lawyer Maj. Marylene Trudel noted that military prosecutors have not yet even determined whether there is a reasonable prospect of conviction and said the charges could change as the investigation progresses.

“We’re still a step behind that process,” she told the court in arguing for Semrau’s release pending trial.

Turner said there is no prospect of Semrau fleeing or committing another crime in the meantime.

Asked by reporters whether he had anything to say, Semrau replied: “Not at this time, thank you.”