At the conclusion of a lengthy investigation the CPS Tactical Unit executed a drug warrant on residential premises. BEC was found inside along with a hydroponic marijuana grow operation, over 300 grams of powder cocaine, processed bud, scales, multiple cellular phones and approximately $9,000.00 cash. As a consequence BEC was charged with a multitude of offences including:
- Production/cultivation of marijuana
- Possession of cocaine for the purpose of trafficking
- Possession of proceeds of crime
Patrick Fagan elected trial by way of Queen’s Bench and scheduled a preliminary inquiry. At the conclusion of a hard fought preliminary inquiry Patrick Fagan was unsuccessful in killing any of the charges. Through cross-examination of the primary investigating officers at the preliminary inquiry, however, Patrick Fagan was able to identify a number of weaknesses in the case for the prosecution not otherwise evident in Crown disclosure.
BOTTOM LINE: The matter was scheduled for trial and Patrick Fagan filed notice of his intention to seek relief pursuant to the Canadian Charter of Rights and Freedoms including a stay of proceedings as a consequence of unreasonable “delay”. Approximately 2 weeks prior to commencement of the Queen’s Bench trial proceedings this entire prosecution was successfully resolved by way of the entry of a stay of proceedings.