BKG was parked outside a bar in downtown Edmonton when the police approached and observed an open bottle of vodka on the floor. When the police asked BKG to hand it over he promptly poured it out. The police arrested BKG for obstruction and during the course of a search of BKG the police found several grams of marijuana in his pocket. The police charged BKG with possession of marijuana contrary to section 4(1) of the Controlled Drugs and Substances Act and obstruction contrary to section 129(a) of the Criminal Code.
As BKG had business interests south of the border it was critical that he avoid the entry of a drug conviction – period. Patrick Fagan entered pleas of not guilty to both charges and scheduled the matter for trial.
BOTTOM LINE: During the 48 hour period leading up to commencement of trial proceedings Patrick Fagan was successful in having both charges completely withdrawn.