Published:July 13, 2021
-Regina Leader Post
It appears the case of a military member who allegedly fed cannabis-infused cupcakes to an artillery unit before a live-fire exercise will not have an easy resolution.
The accused in the case, bombardier Chelsea Cogswell, who was working a mobile canteen the day the alleged incident occurred, is scheduled to be court-martialed next month.
However, her lawyer is arguing that the evidence should be thrown out, according to a copy of a court application obtained by CBC News, as only one cupcake wrapper was recovered from the scene.
“The chain of command and the military police did not preserve all the wrappers for further investigation,” lawyer Ian Kasper reportedly writes in a court document. “The chain of command’s loss of the cupcake wrappers was so shockingly negligent as to constitute an abuse of process.”
It is alleged that Cogswell prepared the cupcakes ahead of time and did not reveal the ingredients to the troops as she worked the canteen.
One of the soldiers, who felt no effects, allegedly collected five wrappers but only one was sent for testing. The wrapper tested positive for trace amounts of THC.
“The only reasonable conclusion is that they were lost through incompetence,” Kasper reportedly wrote in a court document. “The wrappers are at the heart of the case…and they could afford forensic evidence tending to disprove the offences charged.”
The military responded that it does not know the whereabouts of the remaining wrappers.
“There is no evidence of any attempt to conceal or destroy evidence in this case, nor is there any evidence of bad faith on the part of the Crown,” the prosecutors wrote.
Cogswell’s trial is scheduled to begin on August 3 in Oromocto, New Brunswick.