There should be no trial for Master Cpl. Robbie Fraser, who is charged with manslaughter in the death of a fellow soldier in Afghanistan, says his lawyer.

Saul Simmonds said his client, who is based at CFB Shilo in Manitoba and grew up on P.E.I., has suffered enough.

Fraser is facing charges of manslaughter and negligent performance of duty under the National Defence Act. Master Cpl. Jeffrey Walsh died in August 2006 when Fraser's gun allegedly went off while he was travelling in a military vehicle along a bumpy road outside Kandahar.

Simmonds, who is also based in Manitoba, said manslaughter is a wilful act, and there was no wilful act in this case.

He is hoping a Defence Department review of the case will see the charges dropped.