6. Regina v. KDK [Calgary Provincial Court, June 2019]

In November 2017 members of the Calgary Police Service (“CPS”) Gang Enforcement Team (“GET”) initiated a drug trafficking investigation entitled “Gas Lamp”. This was initially a surveillance and intelligence gathering based investigation that targeted KDK and a number of other persons as individuals allegedly running a dial-a-dope operation in the City of Calgary.

At the conclusion of the investigation, based on evidence and observations made by GET, a number of warrants to search were obtained and executed in June 2018. According to the police, KDK had been observed during the course of surveillance attending a “stash” location on multiple occasions. A search of that stash location revealed the presence of a substantial amount of contraband including the following:

1. Approximately $10,000 cash.
2. Approximately $20,000 worth of heroin.
3. Approximately $40,000 worth of cocaine.
4. Multiple grams of fentanyl.
5. Crack cocaine production paraphernalia including gloves, masks, baggies, bowls, measuring cups, frying pan, etc. etc. etc.
6. A multitude of cellphones.
7. Cocaine buff or mix/adulterant.
8. Digital scale covered in cocaine.

As the Crown was seeking a lengthy period of imprisonment in a federal institution IF convicted, KDK 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.

A full-blown preliminary inquiry was held over the course of several days and at the conclusion of those proceedings not only did the Crown seek an order directing KDK to stand trial on existing charges but a multitude of additional charges as well. Specifically. . .

1. Possession of cocaine for the purpose of trafficking contrary to
   Section 5(2) of the Controlled Drugs and Substances Act .
2. Possession of cocaine for the purpose of trafficking contrary to Section 5(2) of the Controlled Drugs and Substances Act .
3. Possession of heroin for the purpose of trafficking contrary to Section 5(2) of the Controlled Drugs and Substances Act .
4. Possession of fentanyl for the purpose of trafficking contrary to Section 5(2) of the Controlled Drugs and Substances Act .
5. Possession of methoxyphencyclidine for the purpose of trafficking contrary to Section 5(2) of the Controlled Drugs and Substances Act .
6. Possess proceeds of crime exceeding $5,000 contrary to Section 355(a) of the Criminal Code.
7. Possession of opium contrary to Sect ion 4(1) of the Controlled Drugs and Substances Act.
8. Possession of oxycodine contrary to Section 4(1) of the Controlled Drugs and Substances Act .

BOTTOM LINE: Patrick Fagan was successful in killing each and every charge of possession for the purpose of trafficking at preliminary inquiry. KDK was ordered to stand trial on only two counts of “simple” possession of a controlled substance (opium and oxycodine) and the proceeds charge.

Notwithstanding success at preliminary inquiry, the remaining three charges will be vigorously defended at trial.