The police Integrated Intelligence Unit received information that DVT was involved in illegal drug activity so they launched an investigation which included the use of confidential informants, extensive surveillance and the issuance of production orders for cellular communications. The investigation lasted several months and culminated in the arrest of DVT and the execution of a warrant to search on his home. Just prior to the arrest of DVT he was observed to be engaged in a meeting of short duration with a female. That female was arrested and found to be in possession of a quantity of crack cocaine. The police obtained a statement from the female in which she identified DVT as the person from whom she purchased the crack cocaine. DVT was also arrested very shortly after the meeting with a female and he was found to be in possession of approximately $1,200.00 cash and a cellular phone containing multiple communications with the female. As a consequence of the foregoing DVT was charged with trafficking in cocaine contrary to section 5(1) of the Controlled Drugs and Substances Act.
The police obtained a warrant and searched the home of DVT. The police seized approximately $15,000.00 in cash, multiple cellular phones, digital scales, packaging material, bank records, a couple of machetes and approximately $10,000.00 worth of crack cocaine. Police also seized several thousand dollars of what they believe to be stolen clothing. As a consequence of these seizures DVT was also charged with possession of cocaine for the purpose of trafficking, possession of stolen property and possession of proceeds of crime.
Patrick Fagan entered an election of trial by way of Queen’s Bench and scheduled a preliminary inquiry. At the preliminary inquiry Patrick Fagan was successful in having three of the four charges completely dismissed – trafficking in cocaine (the alleged hand to hand transaction with the female), the proceeds charge and the charge of possession of stolen property. DVT was committed to stand trial on a singular charge of possession of cocaine for the purpose of trafficking.
Notwithstanding the fact that the Crown had an order committing DVT to stand trial on a charge of possession of cocaine for the purpose of trafficking, once a senior prosecutor had an opportunity to carefully review a transcript of the preliminary inquiry the Crown (to its credit) acknowledged the inherent weakness of its case.
Bottom Line: Patrick Fagan was successful in resolving the fourth and final charge against DVT by way of entry of a stay of proceedings. Patrick Fagan was also successful in securing a judicial order directing that all seized funds germane to this investigation be returned to DVT.