12. Regina v. P.K.H. [Court of Queen’s Bench of Alberta, Calgary – May 2014]
In this joint forces (CPS and RCMP) operation the police conducted extensive surveillance in Vancouver and Calgary which ultimately resulted in the stopping of a freightliner (18 wheeler) and a sedan operated by PKH in Calgary. Both vehicles were searched by the police. The freightliner was found to contain approximately $140,000.00 cash; the vehicle operated by PKH was found to contain multiple kilograms of cocaine valued (according to the police) at $1,100,000.00. PKH was arrested and charged with possession of cocaine for the purpose of trafficking, trafficking in cocaine and possessing proceeds of crime.
Mr. Fagan elected trial by way of Queen’s Bench and scheduled a preliminary inquiry. At the conclusion of the preliminary inquiry Mr. Fagan was successful in securing a complete withdrawal of the cocaine trafficking charge and the proceeds charge; PKH was committed/ordered to stand trial on a singular charge of possession of cocaine for the purpose of trafficking.
BOTTOM LINE: the matter never made it to trial. The prosecution was terminated/killed in its entry by way of an entry of a stay of proceedings .
The complexity and magnitude of the investigation/seizure giving rise to the 2 cocaine prosecutions aforesaid (NTC and PKH) is illustrated in the attached media release.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.