1) Possession of cannabis marijuana for the purpose of trafficking.
2) Possess proceeds of crime.
As a result of a two month investigation conducted by the Drug Unit the police executed a warrant on residential premises occupied by LLL. As a consequence of that search police seized approximately 3 kilograms of marijuana, “score sheets”, approximately $7,000.00 cash, a cocaine press, packaging materials and “11” cellular telephones. Pleas of not guilty were entered to both charges and a trial scheduled.
On the date scheduled for trial the Crown acknowledged the strength of the case for the Defence on constitutional and substantive grounds. The admissibility of the critical certificates of analysis was also in doubt as a result of “service” issues.
BOTTOM LINE: All charges were completely withdrawn. Patrick Fagan was also successful in securing an order directing that all seized funds be returned to our client.