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Judge reserves decision to exclude evidence in cannabis cupcake court martial in N.B.

Aug 12, 2021 | 11:59 AM

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.   

Defence lawyer Ian Kasper argued today that the wrapper should be excluded as evidence because he said one wrapper is not an indication of what may or may not have been found on other wrappers.

He says other wrappers were collected but have disappeared because of what he calls unacceptable negligence.  

Military Judge Cmdr. Sandra Sukstorf is to rule on the application Friday, after which the prosecution and defence are expected to present closing arguments.

This report by The Canadian Press was first published Aug. 12, 2021.

The Canadian Press