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I: Summary of the Incident

  • Summary of the Incident

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    On February 10, 2000, Lieutenant-Colonel D.R. Dixon, the Deputy Provost Marshal, Canadian Forces National Investigation Service, Investigation Support, tasked the Sensitive Investigations Detachment to investigate a complaint that Lieutenant-Colonel Tony Battista and Major Gordon Wight of A3 Security and Military Police, 1 Canadian Air Division, Winnipeg, Manitoba, had submitted fraudulent travel claims.

    The travel claims in question related to the attendance, by both Lieutenant-Colonel Battista and Major Wight, at a military funeral held in Hamilton, Ontario on Monday, January 31, 2000 following the sudden death of a military police colleague,                     , at Canadian Forces Base Trenton.

    The ensuing Canadian Forces National Investigation Service investigation (NSI 370-0002-00) concluded, on April 17, 2000, that Lieutenant-Colonel Battista should be charged with two counts under subsection 125(a) of the National Defence Act (Offences in relation to documents). No charges were laid against Major Wight.

    On April 20, 2000, the Deputy Provost Marshal, Professional Standards, Lieutenant-Colonel Paul Cloutier, suspended the Military Police credentials of both Lieutenant-Colonel Battista and Major Wight. Both officers were accused, by the Deputy Provost Marshal for Professional Standards, of contravening paragraphs 4(h) and (l) of the Military Police Professional Code of Conduct in that they misrepresented or falsified information in their travel order claims and that by doing so, they brought discredit to the Military Police organization.

    In his covering letter to the April 17, 2000 Canadian Forces National Investigation Service investigation report, Lieutenant-Colonel Dixon comments that, during the investigation, other evidence was uncovered indicating that Lieutenant-Colonel Battista may have submitted fraudulent travel claims unrelated to this incident. He indicates that this will be investigated as a separate Canadian Forces National Investigation Service file. This second investigation was reported under file NSI 370-0006-00.

    In his July 16, 2000 cover letter to NSI 370-0006-00, Lieutenant-Colonel Dixon indicates that the Canadian Forces National Investigation Service investigated allegations that Lieutenant-Colonel Battista submitted fraudulent travel claims during his tenure as A3 Security and Military Police, 1 Canadian Air Division, Winnipeg, Manitoba. In addition, Major Wight and Chief Warrant Officer Frank Galway, also of A3 Security and Military Police, 1 Canadian Air Division, were investigated relative to their responsibilities for approving payment of Lieutenant-Colonel Battista's claims as Financial Administration Act, section 34, signing authorities. This investigation failed to uncover sufficient information or evidence to support criminal or service offence charges against any of the subjects of investigation.

    Also on July 16, 2000, Lieutenant-Colonel Dixon provides, by way of covering letter and attached Canadian Forces National Investigation Service investigation report (NSI 370-0009-00), the results of a third investigation of Lieutenant-Colonel Battista pursuant to the receipt, by the Canadian Forces National Investigation Service, of a reportedly unsolicited allegation that Lieutenant-Colonel Battista, during his tenure as Commandant, Canadian Forces School of Intelligence and Security, Canadian Forces Base Borden, submitted fraudulent travel claims between the period of 1995 - 1999. This investigation failed to uncover any information or evidence that would support criminal or service offence charges against Lieutenant-Colonel Battista.

    On September 27, 2000, Lieutenant-Colonel Battista was served with a copy of the Charge Sheet in respect of four (4) charges preferred against him under subsection 125(a) of the National Defence Act in connection with investigation NSI 370-0002-00. During the post-charge screening, it was decided to increase the original two (2) charges to four (4) charges.

    During the period of November 28, 29, and 30, 2000, Lieutenant-Colonel Battista was tried by Standing Court Martial in Winnipeg, Manitoba. He was found guilty on all four (4) charges and sentenced to a reprimand. On the advice of his counsel, Lieutenant-Colonel Battista filed a Notice of Appeal to the Court Martial Appeal Court, on December 5, 2000, for "unreasonable finding". On October 1, 2001, the Court Martial Appeal Court allowed the appeal on all four (4) charges, set aside the verdicts of guilty and entered verdicts of not guilty.

    As regards the suspension of Military Police credentials, a Military Police Credentials Review Board was convened on October 3, 2000 to consider the suitability of Major Wight to exercise the powers and discharge the duties of a Military Police Person pursuant to section 156 of the National Defence Act. The Board members voted unanimously for the re-instatement of Major Wight's appointment expressing their view that "there was not clear and convincing evidence to support the revocation of Maj Wight's MP Credentials."

    The Canadian Forces Provost Marshal returned Major Wight's credentials, but in doing so imposed conditions. The authority of the Canadian Forces Provost Marshal to ignore a determination of the Military Police Credentials Review Board and to impose her own conditions on the return of Military Police credentials has been appealed to the Federal Court by Major Wight. A date for this Appeal is currently unknown.

    A Military Police Credentials Review Board was convened on July 26, 2001 to consider the situation of Lieutenant-Colonel Battista. This resulted in a 4 - 1 decision to reinstate Lieutenant-Colonel Battista's credentials. On August 15, 2001, the Canadian Forces Provost Marshal directed that Lieutenant-Colonel Battista's credentials be reinstated immediately with terms and conditions. It should be noted that these decisions were made prior to the judgment of the Court Martial Appeal Court and the entering of a not guilty verdict on all four (4) charges against Lieutenant-Colonel Battista.


  • Last updated:  2003-12-21 Return to top of the pageImportant Notices