R. v. Mooney, 2016 CM 1015
Opinion
COURT MARTIAL Citation: R. v. Mooney , 2016 CM 1015 Date: 20160830 Docket: 201601 Standing Court Martial Canadian Forces Base Borden Borden, Ontario, Canada Between: Her Majesty the Queen - and - Sergeant H.P.F. Mooney, Accused Before: Colonel M. Dutil, C.M.J.
REASONS FOR MISTRIAL (Orally) [ 1 ] The Court is faced with a very difficult situation in which the prosecution inadvertently provided the court with a disk that contained evidence not introduced and listened to in the courtroom, and that was viewed by the court during its deliberations until it was realized that this was the case. [ 2 ] I agree with the defence counsel that a reasonable person would feel that the judge could not disassociate himself from what he had seen when he reviewed the improper video or the theory and submissions made by counsel in the context. [ 3 ] I see no other reasonable solution but to declare a mistrial.
Counsel: The Director of Military Prosecutions as represented by Captain P. Germain
Major B.L.J. Tremblay, Defence Counsel Services, Counsel for Sergeant H.P.F. Mooney
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