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The Canadian Press

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SHILO, Man. - A Canadian soldier who spent more than two years trying to clear his name in the shooting death of a colleague in Afghanistan says having the charges against him dropped is bittersweet.

Master Cpl. Robbie Fraser had been charged with manslaughter and negligent performance of duty after a gun allegedly discharged in the cramped confines of a military vehicle outside Kandahar in August 2006, killing Fraser's good friend Master Cpl. Jeffrey Walsh of Regina.

But new information presented by the defence led the prosecution to withdraw the charges at the beginning of Fraser's court martial Tuesday at Canadian Forces Base Shilo in Manitoba.

"It's good to have it finally over with, but Jeff made a sacrifice that day, and it's not going to change what happened that day," Fraser said. "I don't feel any differently.

"It's been hard on both families. It's good to have it over for the both of us," he said.

The court martial started Tuesday, but in less than half an hour the charges were dropped.

The defence had argued that a ballistics report cast reasonable doubt on whether Fraser fired the fatal shot.

The report suggested that two rifles were on top of each other and that the one on top may have jostled the safety lock on the other, which went off and hit Walsh.

The report also said that Fraser - who always maintained he wasn't holding a weapon - had no gunshot residue on his hands.

The "evidence clearly exonerated" Fraser, said his lawyer, Lt.-Col. Troy Sweet.

Sweet, who took over Fraser's case last spring, said he was able to piece together what likely happened after the defence requested and the prosecution disclosed additional notes from the ballistics expert last month.

"Once I had those, I went through the 200 pages of notes from Sept. 26 until now," said Sweet.

"I went through all the documents, I read them, looked at the photos, tried to duplicate how their expert thought the weapon was being held, which didn't make sense and didn't attribute for all the other evidence that was there."

Among other things, Sweet also noted there were fresh scratch marks on the one of the weapons.

The decision to withdraw the charges brings an end to the emotional case that prompted concerns from both the Fraser and Walsh families. Fraser's father, Kevin, had expressed frustrations at the length of time it took for the matter to be resolved.

"It should have been done long ago," he said from his home in South Rustico, P.E.I., prior to Tuesday's court martial.

"They've dragged it out now for two years and I just don't understand it myself and neither does he."

In March 2007, the wife of the fallen soldier said didn't agree with the charges laid against Fraser. Julie Mason said Fraser and her husband were close friends.

Walsh's father, Ben, has been frustrated by the lack of information about his son's death.

At the time the charges were laid, he said nothing would bring back his son. But Ben Walsh also said his heart went out to Fraser and his family. He could not be reached for comment Tuesday.

Sweet called it "a tragic combat accident" and acknowledged that the process has been difficult for both families.