Charlottetown army reserve captain found not guilty of disgraceful behaviour

A P.E.I. court martial has found Capt. Todd Bannister not guilty of charges of disgraceful behaviour and not guilty of charges of conduct to the prejudice of good order and discipline.

Bannister, who had been suspended as commanding officer of the Charlottetown cadet corps, was accused of violations of the national defence act. They included allegedly asking a female under his command for sex and for using inappropriate language of a sexual nature.

The judge ruled the prosecution failed to prove Bannister had received formal notice of the army's rules on acceptable behaviour.

The judge, Lt.-Col. V.L. d'Auteil, also said the prosecutor failed to prove harm to the complainant.

After the ruling, Bannister's defence lawyer told CBC the matter never should have gone to trial.

Decision to be reviewed

 "It is quite appalling I would suggest that this matter even made it to the court," said Major Philippe-Luc Boutin. "In our view it was clear from the get-go that there were no sufficient legal basis — and factual basis actually — for going forward with this matter." 

Bannister originally faced six charges, but part way through the trial last month,  the prosecutor told court there was no reasonable chance of conviction on two of the charges. They related to an alleged incident involving a female cadet.

But the judge also said the court did not approve of Bannister's conduct, and found his behaviour "troubling."  The judge said the military code of conduct demands better.

The prosecution is now reviewing the judge's decision.

"We will review in detail the judge's reasoning and within 30 days make a determination whether or not this matter will be appealed to the Court Martial Appeal Court of Canada," said Colonel Bruce MacGregor, Director of Military Prosecutions, in an email to CBC.

Bannister declined comment Wednesday.