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OROMOCTO, N.B. — A military judge has rejected an application to dismiss charges against a New Brunswick soldier accused of giving cannabis-laced cupcakes to a group of Canadian Armed Forces members taking part in a 2018 live-fire training exercise.

Bombardier Chelsea Cogswell faces eight charges of administering a noxious substance, as well as charges of behaving in a disgraceful manner and neglect to the prejudice of good order and discipline.   

The defence made the application Monday after the prosecution concluded its arguments, saying the prosecution had failed to introduce evidence on essential elements of its case.  

Military Judge Cmdr. Sandra Sukstorf dismissed that application Wednesday, saying she was satisfied enough evidence had been presented by the prosecution for the court martial to proceed.

After a recess, the lawyers returned to the courtroom to say there were negotiations aimed at expediting the process. The case then adjourned until 9:30 a.m. Thursday.

Cogswell is accused of serving eight soldiers with cannabis-laced cupcakes from a field canteen she operated on July 21, 2018, on 5th Canadian Division Support Base Gagetown in New Brunswick. 

During earlier testimony the court was told the cupcakes were chocolate with chocolate frosting and a jelly bean on top. The soldiers became ill and complained of feeling paranoid and anxious, and they said the cupcakes were the only common factor.

Five soldiers who provided urine samples tested positive for marijuana. The wrapper from one of the cupcakes also tested positive for THC — the main psychoactive compound in cannabis.

Cogswell has not testified, but the court has viewed two videotaped statements she gave to police.

On Wednesday the judge noted a number of inconsistencies between the two statements, including the reason Cogswell gave for providing the cupcakes to the soldiers.

At first Cogswell said she had eaten five of the cupcakes the night before and was trying to avoid putting on more weight, so she took the remaining cupcakes to the canteen. She later said she was trying to provide some variety to what was on offer at the canteen.

Prosecutor Maj. Max Reede said he expects the defence to seek to have the evidence of the cupcake wrapper excluded from the court martial as a result of an alleged violation of Cogswell's charter rights.

If convicted, Cogswell could be sentenced to up to five years in prison.

This report by The Canadian Press was first published Aug. 11, 2021.

Kevin Bissett, The Canadian Press