Battle to block execution in Kabul

A former Australian soldier facing execution for murder in Afghanistan will almost certainly die unless he can convince his victim's family to forgive him.

The forgiveness, possible under the Afghan tradition of ibra, could cost the family and supporters of 38-year-old Robert William Langdon tens of thousands of dollars and is reportedly already under negotiation.

Langdon's lawyers will also appeal to the nation's Supreme Court, and the Australian Government will urge Afghanistan not to go ahead with the execution in line with a long-standing opposition to the death penalty that has in the past caused tension with Asian nations.

Langdon, who had been working for United States security contractor Four Horsemen International, was convicted of killing an Afghan colleague and faking an attack by the Taleban to cover the crime.

He was arrested as he tried to flee the country.

After his sentencing was reported yesterday by the Australian, Prime Minister Kevin Rudd confirmed that Canberra would make high-level representations and support any moves for clemency.

"Consistent with what we have done in the past and will do in the future, we as the Government always intervene in support of any Australian citizen who is being convicted of a capital offence," he told Radio 5AA.

"I don't think it would be wise at this stage to predict or project the effectiveness of any particular intervention by me.

"Let's take it step by step and we'll be doing so on the closest advice of the Department of Foreign Affairs, who will be following the case in Kabul."

But the Australian reported from the Afghan capital that Langdon's best hopes lay with forgiveness by the family in exchange for a compensation payment, frequently used by governments whose troops have accidentally killed Afghan civilians in the war against the Taleban.

The newspaper said that Judge Abdul Khalil Modafe told Langdon he must try to obtain the forgiveness from the family of the murdered man, known as Karim, who was shot four times in the head and body.

"Because you are a young person we are going to help you," the judge was reported as saying.

"If you could try to get the family to agree to forgiveness we can attach it to your case so when it goes to the Supreme Court it will help you. You must convince them."

The Australian said lawyers were understood to be close to reaching a settlement with the family that could set Langdon free, and that his family was desperately trying to raise money for compensation.

Under advice from the Foreign Affairs Department the family declined to comment, although his sister Katie Godfrey said delicate negotiations were under way.

Langdon was convicted on the evidence of Afghan and Nepalese witnesses among the security forces guarding a convoy that had on May 4 last year been attacked by Taleban insurgents.

Langdon had been sent by Four Horsemen to help the convoy, and became involved in a violent argument with Karim, the Afghan team leader, when it was halted at 3am at the Wardak provincial capital of Maiden Shar, 40km from Kabul.

Karim said the road ahead was too dangerous and refused to continue.

The Australian said that Langdon claimed self-defence, admitting he killed Karim when the Afghan reached for his pistol.

"He reached across, and I am ex-military so it was like bang, bang, bang," Langdon was quoted as saying.

"I didn't have time to think. We had just been [attacked by Taleban], we didn't know what was happening and everyone was antsy. I was too, and Karim probably was too."

But after the killing Langdon ordered the other guards to fire into the air to fake a Taleban attack and threw a hand grenade into the truck containing Karim's body, before returning to Kabul, withdrawing US$10,000 from the bank and trying to fly out.

Canberra will have a difficult task arguing against the death penalty, which it regards as an "inhumane form of punishment which violates the most fundamental human right, the right to life".