COURT MARTIAL Citation: R. v. Barber, 2012 CM 1022 Date: 20120627 Docket: 201217 Standing Court Martial Selfkant Kaserne Geilenkirchen, Germany Between: Her Majesty the Queen - and - Captain M.A. Barber, Accused Before: Colonel M. Dutil, C.M.J. DECISION RESPECTING A MOTION BY THE DEFENCE COUNSEL THAT NO PRIMA FACIE CASE HAS BEEN MADE OUT AGAINST THE ACCUSED ON THE FIRST CHARGE (Orally) [ 1 ] There is no evidence before the court as to the blood alcohol level of Captain Barber before the court that could relate to the driving incident as it relates to charge No. 1, therefore there's no evidence. FOR THESE REASONS. THE COURT: [ 2 ] FINDS Captain Barber not guilty of the first charge.
Counsel: Major E. Carrier, Canadian Military Prosecution Services Counsel for Her Majesty the Queen Major C.E. Thomas, Directorate of Defence Counsel Services Counsel for Capt M.A. Barber