Tuesday, June 18, 2019

Court-martial of Chief Judge Mario Dutil comes to a sudden end

Earlier this morning, Canada's Lawyer's Daily reports that the court martial of the Chief Military Judge, Colonel Mario Dutil, has  collapsed after the presiding judge recused himself and stated that the three other military judges currently on the bench are also unable to preside over the case. The trial now stands adjourned and no plea has been made yet on the merits of the four charges. (Four other charges were withdrawn on the first day of the trial on June 10, 2019.)

"The three Code of Service Discipline charges and the single Criminal Code charge of fraud against the judge could arguably be referred to a civilian criminal superior court. But if the prosecution does so, it would amount to a legal about-face since the prosecution justified its initial decision to proceed via court martial - and still insists - that the charges are of a military nature, and that the fraud charge, while a Criminal Code offence, is inextricably intertwined with the Code of Service Discipline charges."

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