Judge reserves decision to exclude evidence in cannabis cupcake court martial in N.B.
OROMOCTO, N.B. - A military judge has reserved her decision on an application to exclude evidence at the court martial of a New Brunswick soldier accused of giving cannabis-laced cupcakes to a group of Canadian Armed Forces members.
Bombardier Chelsea Cogswell faces 10 charges, including eight of administering a noxious substance to soldiers who were taking part in a 2018 live-fire training exercise.
Five soldiers who provided urine samples tested positive for marijuana while the wrapper from one of the cupcakes also tested positive for THC — the main psychoactive compound in cannabis.
On Thursday, defence lawyer Ian Kasper argued that the wrapper should be excluded as evidence because one wrapper is not an indication of what may or may not have been found on other wrappers. He said other wrappers were collected but have disappeared because of what he called negligence.
"The police — at the very least — were under obligation to seek out the wrappers when they commenced a disciplinary investigation," he told the court. "Given the importance of the wrappers to the investigation, the loss of the wrappers can only be explained by unacceptable negligence."
Kasper said the loss of the wrappers constitutes an abuse of process and has caused actual prejudice to his client's right to a fair trial. He said if other wrappers had tested negative, it could have raised reasonable doubt about whether the cupcakes were the source of the cannabis.
"This court martial is left with an incomplete picture of the evidence," he said.
But prosecutor Maj. Max Reede said the idea that someone decided to discard other wrappers and only keep one doesn't make sense. He said it's possible only one wrapper was collected. "Any loss of cupcake wrappers in this case does not preclude a fair trial," Reede said.
Military Judge Cmdr. Sandra Sukstorf is to rule on the application Friday, after which the prosecution and defence are expected to present closing arguments.
The defence announced at the start of proceedings Thursday it would not call any evidence on the merits of the case.
Cogswell is accused of serving eight soldiers cannabis-laced cupcakes from a field canteen she operated on July 21, 2018, on 5th Canadian Division Support Base Gagetown in New Brunswick.
They were taking part in a major training exercise known as Exercise Common Ground. The soldiers became ill and complained of feeling paranoid and anxious, and they said the cupcakes were the only common factor.
This report by The Canadian Press was first published Aug. 12, 2021.
