(1) Possession of morphine for the purpose of trafficking.
(2) Possession of methamphetimine (‘speed”) for the purpose of trafficking.
(3) Possession of cannabis marihuana.
RESULT: Verdicts of NOT guilty entered at conclusion of trial proceedings.
GGG was pulled over in a rental vehiclefor speeding– he was the driver. When the officer attended at GGG’s vehicle he immediately detected the odour of fresh cannabis marihuana. GGG (unwisely) told the officer that someone had been smoking marihuana in the vehicle earlier. GGG was placed under arrest for possession of a controlled substance and the rental vehicle searched. The police found an annocent looking container in the driver’s door map pocket that had a false bottom. When that false bottom was removed the police found morphine, meth and marihuana. They also seized several cell phones from the vehicle as well as a scale and several thousand dollars cash. The police charged GGG accordingly but they let a female passenger go without charge.
Through negotiation with the Crown Patrick Fagan was successful in having the “trafficking” charges reduced to simple possession and a trial was scheduled on that basis. At trial Patrick Fagan was unsuccessful in his attempts to have all evidence excluded under the Charter and to challenge the admissibility of the certificates of analysis. HOWEVER………. Patrick Fagan was able to convince the Court that there was a reasonable doubt as to whether GGG was in “possession” of the drugs.
BOTTOM LINE: Verdicts of NOT guilty were entered on all charges.