5. Regina v. SDK [Provincial Court of Alberta, Calgary – June 2019]

Police received information from a reliable source that SDK was actively involved in the trafficking of cocaine and heroin. Consequently, the police engaged in an 8 month investigation involving physical and electronic surveillance of SDK and his associates. At the conclusion of that investigation the police executed multiple warrants to search which resulted in the seizure of a large quantity of powder cocaine, crack cocaine, heroin, (PCP – “angel dust”) as well as trafficking paraphernalia such as scales, packaging material and crack cocaine production materials.

As a consequence of the foregoing seizures SDK was charged with multiple offences including possession of controlled substances for the purpose of trafficking and possession of proceeds (large amount of cash) of crime. As the Crown was seeking a lengthy period of imprisonment in e xchange for an ear ly “guilty” plea SDK retained the services of Patrick Fagan to defend this most serious prosecution.

Patrick Fagan entered an election of trial by way of a Justice of the
Court of Queen ’s Bench of Alberta sitting without the intervention of
a jury but with a preliminary inquiry. At the conclusion of a 3 day
preliminary inquiry the assigned Crown prosecutor sought an order
committing SDK to stand trial on the following charges:

COUNT 1: SECTION 5(2) CDSA – POSSESSION OF COCAINE FOR THE PURPOSE OF TRAFFICKING
COUNT 2: SECTION 5(2) CDSA – POSSESSION OF COCAINE FOR THE PURPOSE OF TRAFFICKING
COUNT 3: SECTION 5(2) CDSA – POSSESSION OF HEROIN FOR THE PURPOSE OF TRAFFICKING
COUNT 4: SECTION 5(2) CDSA – POSSESSION OF FENTANYL FOR THE PURPOSE OF TRAFFICKING
COUNT 5: SECTION 5(2) CDSA – POSSESSION OF W-18 FOR THE PURPOSE OF TRAFFICKING
COUNT 6: SECTION 5(2) CDSA – POSSESSION OF 3-METHOXYPHENCYCLIDINE FOR THE PURPOSE OF TRAFFICKING
COUNT 7: SECTION 355(A) OF THE CRIMINAL CODE – POSSESS PROCEEDS OF CRIME EXCEEDING $5,000
COUNT 8: SECTION 4(1) CDSA – “SIMPLE” POSSESSION OF OPIUM
COUNT 9: SECTION 4(1) CDSA – “SIMPLE” POSSESSION OF OXYCODINE

Bottom Line: At the conclusion of the preliminary inquiry Patrick
Fagan was successful in securing an order of discharge in relation to
ALL of the trafficking charges. As a result, SDK was ordered to stand
trial on only two counts of “simple possession of a controlled
substance and the proceeds charge. These much less serious charges
will also be vigorously defended by Patrick Fagan in the Court of
Queen’s Bench of Alberta.