R v. MSM [Provincial Court of Alberta – Calgary – December 2022]

SUMMARY: A vehicle driven by MSM was stopped and searched by the RCMP resulting in the seizure heroin, fentanyl, methamphetamine and cash approximating $10,000.00. MSM was charged with possession of all of those drugs for the purpose of trafficking.

Bottom Line: Patrick Fagan was successful in securing verdicts of NOT guilty on all charges at the conclusion of hard-fought trial proceedings.

MSM was operating his truck in Airdrie in the company of two other male persons. An RCMP officer decided to follow MSM and ultimately pull him over for a traffic violation. When the RCMP officer ran the lic ense plate, he discovered that MSM was already facing charges for drug offences and a condition of his release was a 24 hour curfew. Needless to say, MSM was in breach of that curfew. One thing led to another at roadside and ultimately the police formulated grounds to believe that the truck contained drugs — as it turned out, the police were correct. The police located a variety of drugs and in the opinion of a police drug expert, those drugs were possessed for the purpose of trafficking. As the Crown was seeking a lengthy term of imprisonment in a Federal institution MSM retained Patrick Fagan to defend the prosecution. Pleas of not guilty were entered to all charges and trial scheduled in the Provincial Court of Alberta. At the conclusion of those trial proceedings, verdicts of not guilty were entered on all charges.

For those viewers who may wish to have a more detailed account of what transpired during the course of trial proceedings in the matter of Regina v. MSM, 2022 ABPC 248…click here.