Police received information that A.J. was trafficking in cocaine. On the basis of that information they began investigating A.J. and conducting extensive surveillance on him. They were able to identify his residence using police records, and observed the individual they believed to be A.J. entering and exiting the house on several occasions. They also observed him in meets of short duration including several “hand to hand transactions”. The police ultimately sought a search warrant for the residence. When the police searched the residence they found approximately 190 grams of cocaine, 110 grams of marijuana, scales, packaging materials, fentanyl, cash and a handgun and a loaded 22 caliber rifle in a toddler’s bedroom. A.J. was arrested and charged along with his brother A.H.. A.J. faced 10 charges including possession of cocaine, marijuana and fentanyl for the purpose of trafficking, possession of proceeds of crime and 6 counts relating to the firearms. Ms. Fagan entered not guilty pleas on all charges and scheduled a week-long trial.
BOTTOM LINE: Ms. Fagan was successful in convincing the Crown that the Crown would not be able to prove the identity of her client beyond a reasonable doubt as the police had appeared to have struggled to differentiate between her client and his brother. All charges were stayed (ie. withdrawn) and A.J. incurred no criminal record.