24. Regina v. K.M.K. [Provincial Court, Calgary – October 2015]
(1) Possession of crack cocaine for the purpose of trafficking.
(2) Possession of proceeds of crime.
RESULT: Verdicts of NOT guilty were entered on all charges at the conclusion of trial proceedings.
The police were conducting surveillance on a cocaine trafficking target in an attempt to identify her supplier. The police arranged to purchase crack cocaine from the target and minutes before that transaction unfolded the target is observed meeting with KMK. The target is busted and KMK is taken down in his truck. A search of KMK and his truck revealed the presence of a quantity of crack cocaine in various locations and cash.
At preliminary inquiry Patrick Fagan was successful in killing the possession for the purpose of trafficking and proceeds charge. KMK was committed to stand trial on a single charge of possession of crack cocaine.
At trial Patrick Fagan challenged the search and seizure on various Charter grounds; he also challenged the admissibility of the certificates of analysis. These attempts to kill this prosecution were unusuccessful. HOWEVER…….. due to problematic handling of the crack cocaine by the police Patrick Fagan was able to raise a reasonable doubt as to whether the dope which the Crown tendered in evidence at trial was the same dope seized at the scene from KMK.
Bottom Line: NOT guilty verdict entered on the remaining count of simple possession.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.