Same client (NAR) as aforesaid but a separate case. NAR was taken into custody relative to various charges including breach of a bail order. While lodged in cells at the local remand center the authorities received information that he was carrying crack cocaine in his rectum. Consequently, prison guards placed NAR in solitary under constant observation. Eventually . . . nature took its course and multiple packets of crack cocaine emanated from the body of NAR onto the floor of his cell. NAR was charged with possession of cocaine for the purpose of trafficking.
Bottom Line: Patrick Fagan successfully challenged the Crown’s theory that NAR was in possession of the crack cocaine for the purpose of trafficking and resolved this prosecution by way of a plea of guilty to simple possession.