HomeCriminal Law Cases2019 Drug Cases10. Regina v. DBB [Court of Queen’s Bench of Alberta, Edmonton, October 2019]

10. Regina v. DBB [Court of Queen’s Bench of Alberta, Edmonton, October 2019]

Members of the Edmonton Police Service (“EPS”) were involved in a lengthy sophisticated investigation which targeted high-level cocaine traffickers in the City of Edmonton. This investigation involved multiple days of mobile and static surveillance of the so-called targets.

During the course of mobile surveillance the police observed a person believed to be DBB meet with a confirmed target where an item was exchanged. Consequently, the focus of that mobile surveillance transitioned to DBB and he was followed away from the scene of the exchange.

The police stopped and arrested DBB shortly thereafter for possession of cocaine for the purpose of trafficking. A subsequent search of DBB’s vehicle incidental to arrest resulted in the seizure in excess of 1,000 grams (ie: kg) of cocaine. Consequently, DBB was charged with possession of cocaine for the purpose of trafficking contrary to Section 5(2) of the Controlled Drugs and Substances Act.

As DBB had previously done Federal time for trafficking in cocaine, the Crown stated its intention to seek a very lengthy period of imprisonment should he be convicted of this matter at the end of trial. DBB initially hired an Edmonton lawyer to defend this most serious prosecution but, on reflection and at the behest of friends and colleagues, ultimately retained the services of Patrick Fagan.

Patrick Fagan entered an election of trial by way of a Justice of the Court of Queen’s Bench of Alberta sitting without the intervention of a Jury but with a preliminary inquiry. A preliminary inquiry was conducted during which (through cross-examination by Mr. Fagan) the evidentiary foundation was laid for constitutional and substantive defences at trial.

The matter was ultimately scheduled for a full week trial in the Court of Queen’s Bench of Alberta (Edmonton) but prior to commencement of those proceedings the Crown conceded the strength of Patrick Fagan’s substantive and constitutional arguments.

BOTTOM LINE: All charges against DBB were completely WITHDRAWN.

Patrick Fagan

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