Volumes of text messages can be entered as evidence at Ellison trial: military judge

More than 1,000 pages of text messages between the wife of a CFB North Bay base surgeon and her friend Krysti Fawcett were allowed to be entered as evidence Thursday by Cmdr. Julie Deschenes.

Maj. Jason Ellison is charged with fraud, breach of trust by a public officer, drawing a document without authority and an act of a fraudulent nature not particularly specified in sections 73 to 128 of the National Defence Act.

Another voir dire was conducted this week to determine the admissibility of the text messages between Fawcett and Ellison’s wife, Amy, as evidence.

The text messages were obtained from Fawcett’s iphone and MacBook with her consent.

The defence claimed expert evidence was required to prove admissibility of the electronic documents ( text messages), but it wasn’t provided.

Defence counsel Lt.- Col. Denis Berntsen challenged the testimony from Master Cpl. James Boyd, who he claimed that because Boyd wasn’t qualified as an expert, his evidence shouldn’t be considered in the voir dire and therefore the text messages shouldn’t be considered in the trial.

The court heard Boyd is an analyst in a special operations section within the military who has obtained specialized training on digital software and previously qualified as an expert in his field.

He testified that on Sept. 11, 2020, Boyd visited Fawcett to extract electronic data from an iphone and Macbook that she owned.

He explained how he used to extract the documents without tampering the data.

Deschenes said because military rules of evidence are silent on the issue of admissibility of electronic documents “courts have consistently rejected the requirement for expert evidence to prove admissibility.

“Expert evidence is not required to explain generally how commonplace technology such as Facebook, text messaging and email operate if the lay witness, if familiar with use, can give such testimony.”

Deschenes said authentication doesn’t mean the document is genuine.

“That is a question of weight for the fact finder which often turns on the determination of credibility,” she said.

“I find that the text messages found in the two reports are admissible because the prosecution proved the electronic documents met the authenticity and best evidence rule requirements. They appear to be in complete and accurate format.”

The court heard testimony from the Ellisons’ friends Gabriel Wright and Fawcett.

Wright, a manager of a homeless shelter in Terrace, B. C., said she met the Ellisons while living in Cold Lake, Alta.

Wright said she lived with the Ellisons in 2012 and left in June 2014. She lived with the Ellisons in North Bay in May 2015 for about a year before moving back to Prince George, B. C.

She told the court at no time was Ellison her doctor and to her knowledge he never wrote her a prescription.

Wright was shown documents that detailed prescriptions of medications like Ativan, Flexeril, Codeine and Trazodone that were under her name.

Several of the prescriptions in her name were written and picked up while Wright was living in B. C. A few of the prescriptions had Ellison’s name as the subscribing doctor on the bottom.

She told the court she never asked for the prescription, nor did she pick it up nor did she receive the medication.

Wright said she received a call from a North Bay pharmacy that her prescription was ready.

“I moved from North Bay and I didn’t have a prescription. They said it must have been a mistake. I didn’t think much of it.”

The prosecution called Fawcett to the stand Thursday.

Fawcett joined the Canadian Armed Forces in 2005 and was released in August 2022.

Fawcett, another friend of the Ellisons, detailed her relationship with the couple and her concern over Amy’s health and prescription drug intake.

She said while the two were friends Amy asked Fawcett if she could take some of her medication, Lorazepam.

“I said yes.”

Fawcett said she was told everybody does it, everyone shares and it would be fine.

Fawcett explained the close relationship the two had and the close relationship their children had.

She said Amy offered to watch her children during the day while Fawcett went to work, oftentimes going to Fawcett’s home with the children to use their swimming pool.

Fawcett said she had her Ativan on her bedside table. She said Amy asked her for a tablet, however when she returned home from work she couldn’t find the remaining medication.

She said she asked Amy what happened to the bottle and she indicated that it was moved into a Ziploc bag.

“I couldn’t find it. We looked everywhere in our house. I was upset the mediation was unaccounted for. The end result we never found it.”

Fawcett said it was when Amy decided to homeschool her children that the friendship started to fall apart.

She said Amy was spending a lot more time in bed and there was “not a lot of homeschooling going on.

“They ( Amy and her husband, Maj. Ellison) would fight frequently over finances, her having headaches. I saw Amy put her foot through a wall and throw something. It was so uncomfortable. Every time I put boundaries up I would be told I owed them, because they watched my children. I helped you when everyone else abandoned you because of your crisis.”

Fawcett said it was in 2018 when her relationship with Amy was the “most volatile.

“Shortly after Christmas 2018 I was asked to allow her husband to write a prescription in my name for Amy. I was uncomfortable with it, but … again I was told physicians do it all of the time.”

Fawcett said there were multiple occasions when Amy asked to borrow money from her. The largest sum was $ 1,000.

It was following a night of drinking in May or June 2019 when Fawcett said she lied to Amy.

“It was the worst experience I had with her. She got into my liquor cabinet and started to open everything and chugging it. She tried to get me to drink with her and I said no I don’t drink alcohol anymore. She accused me of judging her. She told me I should leave my husband, sell my house and come back to North Bay and stay with them,” Fawcett said.

“I felt gross afterwards. She just drank and drank and we tried to get her away from the alcohol. My husband didn’t know what to do. She begged me not to tell her husband any of this.”

Fawcett said the next morning, “he told me she had no idea what happened. I said to her that I knew she was stealing pills for years. I was done. I was done with her. And they didn’t have the power over me anymore. I lied to her. I told her the previous night she confessed,” she said.

“She said ‘ You’re right — I have been. It was never just about medication. I care about you.’”