Judge allows wrapper as evidence in New Brunswick cannabis cupcake court martial
OROMOCTO, N.B. - A military judge ruled Friday that a cupcake wrapper that tested positive for the psychoactive ingredient in marijuana will be allowed as evidence in a court martial in New Brunswick.
Bombardier Chelsea Cogswell is accused of giving cannabis-laced cupcakes to a group of Canadian Armed Forces members taking part in a 2018 live-fire training exercise.
She was operating a mobile canteen during Exercise Common Ground — a major exercise of the Royal Canadian Artillery School involving about 150 personnel.
During two videotaped statements, Cogswell told military police that she baked the cupcakes but denied the allegations of adding cannabis to them.
Cogswell's defence lawyer sought to have the wrapper excluded as evidence, arguing that the other wrappers were discarded through negligence and the remaining one is not an indication of what may have been found on the others.
Military Judge Cmdr. Sandra Sukstorf said while the military police could have done a better investigation, there's no indication of negligence. She said she could not conclude that even if some cupcake wrappers were lost, it would demonstrate "a systemic disregard for the prosecution's obligation to preserve relevant evidence."
Outside the courtroom, an effort by Cogswell to make a statement to reporters was cut short by her lawyer.
The court has been told that five soldiers who provided urine samples tested positive for marijuana while the lone wrapper tested positive for the psychoactive ingredient THC. The testing was done after some soldiers reported feeling high and others behaved oddly.
Sukstorf summarized earlier testimony, saying one person was observed wandering around in front of his gun and not where he should be.
"Others were giggling and laughing," she said, while another woman was "eating countless chips and smoking like crazy." She said at one point it was reported a group of people fell down laughing.
Most began showing symptoms about 45 minutes after eating the cupcakes.
An order to halt fire was given, and medical attention was sought for the members. It was first suspected they might have been overcome by heat, but after some questioning it was determined the cupcakes were a common denominator.
Sukstorf said testimony showed that safety was a major concern, which was why firing from that position was stopped while other components of the exercise could proceed.
The live-fire exercise involved large howitzer guns that cause considerable damage at the target site.
"Because it is a training school, they are firing for courses, so there are people observing the fall of the shot. When they make an error in judgment it could put people in harm," Sukstorf said as she summarized the testimony.
Cogswell is accused of serving eight soldiers cannabis-laced cupcakes on July 21, 2018 on the 5th Canadian Division Support Base Gagetown in New Brunswick. She faces 10 charges, including eight of administering a noxious substance. If convicted, she could be sentenced to up to five years in prison.
The prosecution and defence are expected to deliver their closing arguments Friday afternoon.
This report by The Canadian Press was first published Aug. 13, 2021.
