Court martial trial on hold
Military police investigating new information
A court martial trial in Charlottetown took a dramatic turn Friday with military police being called to investigate new information.
Judge Lt.-Col. Louis-Vincent d-Auteuil adjourned the trial of Capt. Todd Bannister until Tuesday after noting the prosecutor had received information that requires further investigation to determine reasonable prospect of conviction.
The trial has been plagued by delays and adjournments since proceedings began Monday in a makeshift military courtroom in the Queen Charlotte naval reserve building. Technical and logistical issues resulted in about a 90-minute delay to the trial getting underway Monday. Court proceedings did not start until 2 p.m. Tuesday. Wednesday was the only full day of testimony.
There was no trial Thursday or Friday, and Monday will be another off day with Friday’s adjournment until 10 a.m. Tuesday. Bannister faces six charges for alleged inappropriate behaviour.
He has pleaded not guilty to each of the charges, which stem from three alleged incidents occurring while he was commanding officer of the 148 Charlottetown Royal Canadian Army Cadet Corps.
Two of those charges – one count of behaving in a disgraceful manner and one count of conduct to the prejudice of good order and discipline – are in connection to Bannister allegedly making a vulgar proposition to a former cadet to engage in sexual intercourse.
He faces one count each of the same two charges for making the same request to the same woman on a separate occasion.
Bannister also faces one count of behaving in a disgraceful manner and one count of conduct to the prejudice of good order and discipline for allegedly making a crude remark to a second cadet, Josie Gallant.
It was during Gallant’s testimony Wednesday that the trial seemed to hit a considerable speed bump.
Gallant claims she suffers from post-traumatic stress disorder, diagnosed only a few months ago, as a result of Bannister making a sexual comment about her breasts while she posed for photos with Bannister and cadets at Queen Charlotte Armory on her prom day on June 19, 2015. Bannister’s lawyer, Maj. J.L.P.L. Boutin, questioned Gallant on the legitimacy of the claim, noting a letter from Gallant’s therapist, Bill Campbell, who diagnosed the woman with PTSD, states Gallant was also “gravely affected’’ in feeling rejected and criticized by cadets and their families during Gallant’s time as a cadet, which was unrelated to the Bannister incident.
The judge noted Friday before adjourning the trial until Tuesday that Bannister’s lawyer believes the prosecutor has not to date met a reasonable standard of prosecution.
Boutin has also repeatedly objected to prosecutor Maj. M.E. Lablond’s line and nature of questioning.