5. Regina v. R.R.M. [Provincial Court – May 2015]
RRM was the target of a police undercover investigation entitled Operation Titan. During the course of the operation RRM was alleged to have sold an undercover officer a quantity of cocaine. RRM was arrested at a later date and charged with trafficking in cocaine.
At the onset of the prosecution it looked like RRM was “dead in the water”. Why? The entire drug transaction was captured on a hidden camera carried on the undercover officer. As RRM was faced with only two alternatives (go to jail or roll the dice and defend the prosecution) we chose the latter.
A date was scheduled for preliminary inquiry and during the course of those proceedings a number of peace officers testified including the undercover officer. During Patrick Fagan’s cross examination it became apparent that the Defence had not been provided with full disclosure. Consequently, an adjournment was granted to give the Crown an opportunity to provide full disclosure. Several months passed and the Crown ultimately informed Patrick Fagan that the Crown was unable to disclose the requested materials.
Bottom Line: This drug prosecution was successfully concluded in its entirety by way of the entry of a Stay of Proceedings is a legal term used to refer to a direction by a Crown prosecutor or a Judge to the Clerk of the Court to terminate a criminal prosecution. Click for more information..
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.