15. Regina v. M.D.J. [Provincial Court – July 2015]
1) Possession of cocaine for the purpose of trafficking.
2) Possess proceeds of crime.
MDJ had been staying at a hotel for an extended period of time. During the course of a routine cleaning of the room housekeeping observed a number of suspicious items which they reported to management – management called the police. The police attended the hotel, searched the “vacant” room and located a quantity of cocaine along with multiple scales, packaging material, cutting agents and other drug trafficking paraphernalia. As the police were about to leave the hotel they observed MDJ walking through the lobby so they placed him under arrest; a search of MDJ incidental to arrest revealed that he was in possession of an additional quantity of cocaine in multiple packages, over $5,000.00 cash and a cellular phone. During the course of MDJ’s detention the police intercepted an incoming call and according to the police the caller was looking to purchase drugs. MDJ was charged accordingly.
Bottom Line: During the course of preparation for trial Patrick Fagan discovered a number of irregularities (to put it delicately) germane to the police investigation. As a consequence of those discoveries the entire matter was resolved by way of a guilty plea to “simple” possession of a controlled substance and a fine of $1,000.00. The charge of possessing proceeds of crime was withdrawn and an order obtained directing the return of seized funds to MDJ.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.