5. Regina v. R. T. [Provincial Court of Alberta, Calgary – March, 2011]
Tough case. Client charged with three counts of direct trafficking as a consequence of three separate sales of cocaine involving two undercover peace officers during an operation extending over several months. At trial both undercover officers pointed to our client as the person from whom they purchased cocaine BUT through cross-examination it was revealed that identification was tainted due to a highly problematic photographic line-up (i.e.: they had a fat guy in with a bunch of skinny guys) and investigative notes which were less than compelling/ corroborative. These shortcomings in the case for the prosecution combined with a certificate of analysis service issue resulted in the case falling apart on the third day of trial. Bottom line: this prosecution was successfully terminated/ killed in its entirety by way of the entry of a Stay of Proceedings is a legal term used to refer to a direction by a Crown prosecutor or a Judge to the Clerk of the Court to terminate a criminal prosecution. Click for more information..
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.