5. Regina v. A.D.G. [Court of Queen’s Bench of Alberta, Calgary – March 2017]

During the course of an undercover operation the police made multiple purchases of cocaine from two persons. The police were told by those two persons that ADG was their supplier of cocaine.

The police obtained a warrant to search ADG’s residence (which was also the home of one of the street level traffickers) to search for cocaine. The police located a locked safe in ADG’s bedroom which contained a relatively large quantity of cocaine packaged in various amounts ranging from grams to multiple ounces. ADG, who just happened to be at the home at the time of the search, was arrested and charged with possession of cocaine for the purpose of trafficking and possessing proceeds of crime (several thousand dollars cash).

ADG originally retained a lawyer other than Patrick Fagan to defend this prosecution. While represented by that other lawyer a preliminary inquiry was scheduled but no evidence called, the Defence simply consented to an order to stand trial as charged.

Subsequent to the order committing ADG to stand trial Patrick Fagan was retained. A Crown offer of 3 years imprisonment in exchange for a guilty plea was promptly rejected by Patrick Fagan and the matter scheduled for trial.

BOTTOM LINE: Within 48 hours of commencement of Queen’s Bench trial proceedings, Patrick Fagan was successful in killing this prosecution in its entirety by way of the entry of a stay of proceedings.