July 18, 2019.l Toronto's CITY NEWS reports that The Director Military Prosecutions (DMP) at National Defence Headquarters (NDHQ) has filed a Notice of Application for a Certiori Order to quash the June 18, 2019 decision of LCol Louis-Vincent D’Auteuil, Deputy Chief Military Judge, to recuse himself from presiding over the Court Martial of Colonel Mario Dutil, the Chief Military Judge, over conflict-of-interest concerns and to also refuse to appoint any of the remaining three military judges.
"Public confidence in the court-martial system and the function of a military judge could be undermined if I appoint a replacement military judge from among those who are currently eligible," d'Auteuil concluded. In its Application, the DMP is also asking for a Writ of Mandamus so that the Deputy Chief Military Judge properly fulfill his official duties by appointing a military judge to preside over the court martial of Colonel Dutil.
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