AWOL Charge

[drunknsubmrnr]

My guess is she called them in as a strategy to get the charge thrown out, knowing full well all the details she hid from the reporter.

She might also genuinely believe that she's being seen off, and called the reporters in over that.

She might actually have been adrift for two hours without a good reason, but what's the point in running her now when she's being released in a month?

 

[MARS]

She might actually have been adrift for two hours without a good reason, but what's the point in running her now when she's being released in a month?

The Crown obviously has a reasonable expectation of a conviction or else I trust they would not be moving forward.  If so, then they are possibly looking at the four principles of sentencing, specifically the principle of 'general deterrence'.  Agree that since she is releasing the principle of 'specific deterrence' has little value but that's not the only aspect of sentencing.

My 2 cents

 

[Robert0288]

She might also genuinely believe that she's being seen off, and called the reporters in over that.

She might actually have been adrift for two hours without a good reason, but what's the point in running her now when she's being released in a month?

You can't be released from the CF if you have a charge or any discipline issues still pending (Using release to avoid charges)*.  I think the only exception to this is if the charge carries over to provincial or federal court system, or you would be incarcerated there.  I'm sure someone else as a better reference/DOAD/CFAO/etc.. kicking around somewhere.

*edited for clarity

 

[Nemo888]

What does she do once she is released? Welfare? Is it possible that leaving this hanging over her head could keep her in and get her some decent medical insurance and some pay to get through the worst of the cancer? Just curious if this could possibly benefit her.

 

[drunknsubmrnr]

The Crown obviously has a reasonable expectation of a conviction or else I trust they would not be moving forward.

I'm pretty sure it's the CO's decision to move forward with the CM, not DMP.

 

[Robert0288]

My google-fu is limited with DAOD/CFAO/QR&O.  But I was able to find this:

Such a transfer shall not be used to avoid the consequences of disciplinary action or compulsory release action.

http://www.admfincs.forces.gc.ca/dao-doa/5000/5002-4-eng.asp

This only deals with CTs, but I have seen something similar applied in the past with people releasing from RegF

 

[dapaterson]

I'm pretty sure it's the CO's decision to move forward with the CM, not DMP.

No, once the charge sheet is signed, if the member elects court martial the CO can't suddenly decide "Oops, my bad."  Too much potential for abuse.

 

[Strike]

The way I see it, Public Relations should make sure that all local journalist are fully invited to witness this Court Martial, so that they have all the facts. That is the only counter to this type of reporting.

CMs are usually open to the public.  I've never heard of one being closed before  (unless it is to protect a victim or witness) so, with this making the news, it's likely that there will be media there.  It's not so much that CM dates are openly advertised to the media but if they ask if there are any going on there's no reason to withhold times and dates of such events.  Also, pretty sure the CM calendar is available in the internet.

 

[drunknsubmrnr]

Is DMP allowed to withdraw the charge, or does it take on a life of its own?

 

[BernDawg]

CMs are usually open to the public.  I've never heard of one being closed before  (unless it is to protect a victim or witness) so, with this making the news, it's likely that there will be media there.  It's not so much that CM dates are openly advertised to the media but if they ask if there are any going on there's no reason to withhold times and dates of such events.  Also, pretty sure the CM calendar is available in the internet.

It sure is:

http://www.jmc-cmj.forces.gc.ca/en/upcoming-courts-martial.page

Loads at work and I'm not on the DIN. I use it to keep track of my old Infantry buddies ;-)

 

[Navy_Blue]

It is very likely, that regardless of the pending charge her medical condition will have the release pulled and she will be retained by the CF until such a time that she is deemed free of the cancer.  She may even get a medical release at that point. 

The message is out for her charge and all are invited to attend including the public.  I think from a PR stand point it was really short sighted to charge this person  :facepalm:.  From a CF stand point a phone call to your unit prior to being late and a chit from sick bay is enough to cover your butt.  I will be interested to hear the history on this person when it comes out over the next few weeks. 

Should be interesting

 

[Eye In The Sky]

Interesting that she made a comment about 'how it feels at a ST'; perhaps there is a history/conduct sheet that is part of the equation? 

Regardless, I hope this 'goes as it should' given all the facts and factors, but more importantly I hope she regains her health and enjoys a long, fulfilling life. 

 

[Jacky Tar]

I will be interested to hear the history on this person when it comes out over the next few weeks.

Same here. To quote from my (mis-spent) youth, there's "more than meets the eye!"

 

[Strike]

I think from a PR stand point it was really short sighted to charge this person  :facepalm:.  From a CF stand point a phone call to your unit prior to being late and a chit from sick bay is enough to cover your butt.  I will be interested to hear the history on this person when it comes out over the next few weeks. 

Should be interesting

Not necessarily.  We don't know of this person's conduct prior to the event.  And if she had discovered that her reason for being ill was something else like the flu?  Hindsight is 20/20, especially when sitting on the sidelines.

With this CM now becoming somewhat big news I suspect that it will be well attended.  I hope that the member is confident in whatever will be brought up during the CM otherwise she might take a bit of a hit.  The fact that charges weren't dropped once her health issues became known gives the impression that JAG is confident of a guilty verdict.  I certainly would not have advocated her speaking to the media in this case.

 

[MeanJean]

I think from a PR stand point it was really short sighted to charge this person  :facepalm:. 

PR isn't usually considered when laying charges against an individual with performance issues.  I am assuming that charges are not typically dispensed for first time offenders.  It is safe to say that the time the charges were laid, about a year ago, her superiors would not have known that the lump was malignant.  If she was diagnosed at that time she will have been waiting about a year for treatment.

It is quite the coincidence that her treatment and trial start on the same day.  Both sides of the story will be heard on that day.

 

[Nfld Sapper]

CBC News Nova Scotia is now reporting that the RCN has dropped all charges against Able Seaman Carol Anne Deyoung

 

[Halifax Tar]

Well apparently cooler heads have prevailed perhaps ?

 

[ModlrMike]

Still smells fishy to me. I hope this doesn't set a precedent where troops in trouble go to the media to manage their issues.

 

[Nfld Sapper]

I would suspect MTF on this....

 

[The Bread Guy]

CBC News Nova Scotia is now reporting that the RCN has dropped all charges against Able Seaman Carol Anne Deyoung

More here....
http://www.cbc.ca/news/canada/nova-scotia/story/2013/05/17/ns-sailor-cancer-charges-dropped.html