The appellant, a Sergeant in the Canadian Armed Forces, appealed his conviction for sexual assault by a Military Judge.
The appellant raised four grounds of appeal: refusal to grant a meaningful adjournment following late disclosure, refusal to grant an adjournment prior to sentencing to investigate false memory syndrome, restricting cross-examination of the complainant regarding her financial situation and potential class action claim, and lack of judicial independence of the Military Judge.
The Court Martial Appeal Court dismissed the appeal, finding no error in the Military Judge's discretionary decisions regarding adjournments and cross-examination, and rejecting the judicial independence argument based on established jurisprudence.
