Court martial of sailor in drug case delayed because of lawyer’s conflict
By Scott Sutherland, THE CANADIAN PRESS
Wednesday, October 10, 2007
CFB ESQUIMALT - Navy petty officers packed a small military courtroom where an officer was to be court martialled Wednesday, only to see the trial at the home base of the Pacific fleet adjourned until early next year.
A military official who did not want to be named said the contingent was there to "shame" former Petty Officer 1st Class Robert Carlson of HMCS Saskatoon, charged with trafficking cocaine and disgraceful behaviour under the National Defence Act.
Carlson is one of four Saskatoon crew members charged after a military police undercover sting targeted the small coastal patrol ship in early 2006.
But before the court martial began in front of military Judge Mario Dutil, Carlson’s lawyer withdrew from the case, citing a conflict of interest.
Maj. Edmund Thomas said his office, Defence Counsel Services, had also defended another member of the Saskatoon’s crew in August.
Thomas said he has been notified that the other member will be called as a prosecution witness at Carlson’s court martial.
Even though Thomas said he wasn’t personally involved in the previous case, his office was and privileged communications between lawyer and client could be breached.
Victoria lawyer, Robert Mulligan, hired under contract by the Canadian Forces, then took over as Carlson’s new defence lawyer and asked for an adjournment.
"I would need a few weeks to contemplate a full assessment of the case," Mulligan told the judge.
The court martial was put off until Feb. 5.
Carlson is the last and most senior crew member aboard the warship to face court martial.
Like the other three, he has been released from the Canadian Forces and is now a civilian. The military will not comment on whether the releases were voluntary or mandatory.
Carlson, a blond, heavyset man in his early 30s, wore a black suit and sported unmilitary sideburns and a patch of hair beneath his bottom lip.
His former commanding officer was among the senior ranks attending.
Outside court, Lt. Cmdr. Jeff White said the cocaine scandal had been hard on everyone aboard Saskatoon.
"It’s been two years of trauma," said White, who initiated the drug probe after getting a tip from an outside source in the fall of 2005.
He said when arrests were made after the undercover investigation by the military’s National Investigation Service, the crew was shattered.
"The facts came out like a hammer," he said.
"On a small ship, it’s a family, and when you fracture a family . . . you have to go into crisis-management mode."
White said even though they lost members of the team, the crew pulled together to complete its missions.
He said there was never any indication that drugs were being used on the warship.
"From what I understand, it wasn’t being used on board ship, it was an extracurricular thing that was happening either in foreign ports or in their homes," said the navy officer, who has since been reassigned to another ship.
Earlier this spring, another Saskatoon crew member pleaded guilty to trafficking and a second pleaded guilty to selling a small amount of cocaine to an undercover officer. Both were handed suspended sentences and fined.
In August, a third crew member was found not guilty of trafficking, but guilty of a bad conduct charge.
The Canadian Forces maintains a strict anti-drug policy for all members and all branches of the military.
"The policy is zero tolerance for drugs," said navy Lt. Paul Pendergast.
"It does extend to their off time, it’s included in the zero tolerance."
Thank you for the responses.
