New CM for sailor accused of "dicking around" with milk

[dapaterson]

QR&Os need updating.  It's now NDA 163(1.1) that has the limitation period:

(1.1) A commanding officer may not try an accused person by summary trial unless the summary trial commences within one year after the day on which the service offence is alleged to have been committed.

 

[vonGarvin]

QR&Os need updating.  It's now NDA 163(1.1) that has the limitation period:

Thanks! 

 

[Blackadder1916]

. . . . .  It's now NDA 163(1.1) that has the limitation period:

At the time of the dissolution of Parliament, there was a bill that had passed first and second reading and been through committee, which reported back to the House on 24 March 2011, that proposed (among many other military justice items) amending that article of the NDA.  Bill C-41 read:

35. Subsection 163(1.1) of the Act is replaced by the following:

  (1.1) A commanding officer may not try an accused person by summary trial unless the charge is laid within six months after the day on which the service offence is alleged to have been committed and the summary trial commences within one year after that day.

  (1.2) The accused person may, in accordance with regulations made by the Governor in Council, waive the application of subsection (1.1).

I wonder how long before the Minister reintroduces this bill.

 

[ditchpig041]

I know the guy thats involved in this CM.

He is a reg force guy that was posted to the MCDV.  As such, he was the PMC of his mess (hence it not being able to be kept "in the mess" as I remember reading from someone elses post.

The PMC from another MCDV came over to the mess (again another reg force MS) and both of them proceeded to drink heavily with the crew in the mess.  At one point, both MS decided to take out their "junk" and put it into others drinks.

One MS opted to take a trial on the boat and plead guilty, as he clearly remembered having done it.

The other one, knowing the back log of court martials in the CF, decided to play his hand and see if he could demand a court martial and drag the process out for long enough that that court martial board would just say "fuck it" and drop the charges.

He knows he did it, he knows it was wrong, but he wants to go this route in the hopes that it gets tossed again due to time.  Personally, I kinda hope that the board takes it seriously, not to impose a huge punishment, but to get guys and gals to fess up when they know they were wrong and to stop playing the syatem.

Oh well... see how it goes!

 

[ModlrMike]

FWIW, I think the MS in question made the wrong choice. As was explained to me many moons ago by a great RSM:

If you're guilty, and likely to be found so... summary trial - the scale of punishements is lower.

if you're innocent, but might still be found guilty... CM - you can appeal the verdict and the trial conforms to regular court rules.