By Canadian Press

Chief military judge’s court martial in limbo after deputy recuses himself

Jun 18, 2019 | 10:56 AM

OTTAWA — The court martial for Canada’s chief military judge is in limbo after the judge overseeing the trial, who happens to be deputy to the accused, agreed not to hear the case over conflict-of-interest concerns.

Lt.-Col. Louis-Vincent d’Auteuil also outlined the reasons why he felt the military’s other three sitting judges would not be able to preside over Col. Mario Dutil’s trial in an impartial manner.

That has left the fate of Dutil’s court martial, seen by some as a critical test for the military-justice system, up in the air.

Dutil was charged with eight counts in relation to allegations he had an inappropriate relationship with a subordinate and knowingly signed a travel claim for $927.60 that contained false information.

Four of the charges were dropped at the start of the court martial last week, where Dutil’s lawyer challenged d’Auteuil’s impartiality and asked the presiding judge to recuse himself. A publication ban on details of that portion of the hearing has since been lifted.

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In agreeing to the request, d’Auteuil said it was reasonable to believe he would be biased because of his relationship to several witnesses — which he believed also applied to other military judges.

The Canadian Press