CHARLOTTETOWN, P.E.I. - The defence’s issue with a missing written statement from a key witness in a Charlottetown court martial trial was resolved – sort of – Tuesday.
Maj. J.L.P.L. Boutin, the military appointed lawyer for Capt. Todd Bannister, told the judge Tuesday he still has concerns with a statement gone missing but, at the instruction of Bannister, was ready for the trial to proceed.
At issue was that only a typed statement - but not the original written statement - from the prosecution’s first witness, Breanna MacKinnon, still exists.
The statement detailed MacKinnon’s allegation that Bannister, while serving as commanding officer of the 148 Charlottetown Royal Canadian Army Cadet Corps, on two occasions asked MacKinnon to have sexual intercourse with him.
Tracy Enman, who replaced Bannister in April 2016 after he was relieved of his duties as commanding officer following preliminary review of allegations of misconduct, told the court she was tasked with obtaining MacKinnon’s statement.
Enman testified that she received a hand-written statement from MacKinnon. Enman typed the statement, had MacKinnon verify it and then sign the statement.
Enman also told the court that the sudden departure of Bannister as the army cadet commanding officer in Charlottetown created a tense atmosphere.
“The morale – the esprit de corps – was definitely down,’’ she added.
“There were cadets that were just kind of there. They weren’t engaged. They needed to be prompted.’’
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“The morale – the esprit de corps – was definitely down. There were cadets that were just kind of there. They weren’t engaged. They needed to be prompted.’
-Tracy Enman
Justice is proving to be grinding along rather slowly in the trial.
The first day of trial Monday stretched 90 minutes past the 9:30 a.m. scheduled start as logistical and technical issues caused a lengthy delay in the trial of Bannister, who faces three counts each of behaving in a disgraceful manner and conduct to the prejudice of good order and discipline.
The first day of the trial did not even get past the prosecution’s first witness, MacKinnon, who was sent to wait in another room Tuesday while the issue of her missing statement was addressed through questioning of Enman.
Bannister returned to the stand for a short period before court was adjourned for the day.
The trial did not resume Tuesday until close to 2 p.m., resulting in little more than two hours of testimony.
The trial is taking place in an improvised military courtroom at the HMCS Queen Charlotte naval reserve in Charlottetown.
The trial was initially slated to take roughly five days, but at this pace will likely stretch into next week.
Prosecutor Maj. M.E. Leblond plans to call her third of seven witnesses to the stand Wednesday morning.
In April 2016, following preliminary review of allegations, Bannister, now 46, was placed on suspension, relieved of his duties as commanding officer of the 148 Charlottetown Royal Canadian Army Cadet Corps and ordered not to attend cadet activities.
The charge of behaving in a disgraceful manner carries a maximum sentence of five years in jail, but could result in a fine, reduction in rank or dismissal from the Armed Forces.
