5. Regina v. M.L. [Court of Queen’s Bench of Alberta, Calgary – February 2010]

Client charged with possession of cocaine and ecstasy for the purpose of trafficking, two semi-automatic handguns and ammunition, a loaded sawed-off shotgun, a pile of drug trafficking paraphernalia including scales and packaging materials as well as $25,000.00. Client was a target of a lengthy R.C.M.P./C.P.S. joint force investigation involving confidential informants and indepth surveillance. The foregoing material evidence was seized by the police during the course of their search of client’s residence by way of warrant. The case was not defended on constitutional grounds but rather attacked on the basis of problematic continuity of critical material evidence and “possession”. Significant damage was also inflicted on the Crown’s case through cross-examination of Crown witnesses and diminishment of their credibility. At the conclusion of the one week trial (our client did not have to testify) the learned trial Justice entered verdicts of not guilty on all charges.

Patrick Fagan

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