News (Media Awareness Project) - CN AB: Major Drug Case Thrown Out |
| Title: | CN AB: Major Drug Case Thrown Out |
| Published On: | 2009-11-07 |
| Source: | Medicine Hat News (CN AB) |
| Fetched On: | 2009-11-08 15:32:26 |
MAJOR DRUG CASE THROWN OUT
Judge Agrees That Accused Traffickers' Charter Rights Were Infringed
Upon
Two men accused in one of Medicine Hat's largest drug busts walked out
of the city's Provincial Courthouse free men after a judge stayed the
proceedings against them.
[name redacted] and [name redacted], both 25, were arrested on Dec. 15,
2005 after police seized quantities of ecstasy, cocaine and marijuana
worth in excess of $300,000. The arrests followed a month-long
investigation of the men.
Judge Fred Coward stated in his decision, "when trials are delayed,
justice is denied" but didn't go so far as dismissing the charges,
granting a judicial stay of the proceedings.
Four trial dates had been set over two years. The first in Nov. 2007
was taken up with the defence's first Charter application arguing
there was an excessive period before the trial. Coward had ruled
against the defence.
That was followed by another date being canceled due to the defence's
Queen's Bench application which sought to overturn Coward's Charter
ruling.
After that argument was rejected, two days of evidence was heard
during the men's third date in March of this year before the court ran
out of the scheduled time.
The fourth date, which began Monday, was taken up with the defence's
second Charter argument - this time successful.
Coward cited the problems with carriage of the case with six
prosecutors having represented the state before federal Crown
prosecutor Bill Herman took over in May 2007.
He called the 17-month period between arrest and the first trial date
"excessive" followed by "25-months of systemic and institutional delay."
The judge also stated that despite the defence's ongoing requests for
the information used to obtain search warrants, "little was done to
provide defence counsel full disclosure.
"The delay, until Mr. Herman took over the file, is
unexplained."
Coward ordered both men's bail be returned, though, the Crown is
opposing the relinquishing of $17,000 seized in the bust.
The prosecution has 30 days to appeal the ruling.
Judge Agrees That Accused Traffickers' Charter Rights Were Infringed
Upon
Two men accused in one of Medicine Hat's largest drug busts walked out
of the city's Provincial Courthouse free men after a judge stayed the
proceedings against them.
[name redacted] and [name redacted], both 25, were arrested on Dec. 15,
2005 after police seized quantities of ecstasy, cocaine and marijuana
worth in excess of $300,000. The arrests followed a month-long
investigation of the men.
Judge Fred Coward stated in his decision, "when trials are delayed,
justice is denied" but didn't go so far as dismissing the charges,
granting a judicial stay of the proceedings.
Four trial dates had been set over two years. The first in Nov. 2007
was taken up with the defence's first Charter application arguing
there was an excessive period before the trial. Coward had ruled
against the defence.
That was followed by another date being canceled due to the defence's
Queen's Bench application which sought to overturn Coward's Charter
ruling.
After that argument was rejected, two days of evidence was heard
during the men's third date in March of this year before the court ran
out of the scheduled time.
The fourth date, which began Monday, was taken up with the defence's
second Charter argument - this time successful.
Coward cited the problems with carriage of the case with six
prosecutors having represented the state before federal Crown
prosecutor Bill Herman took over in May 2007.
He called the 17-month period between arrest and the first trial date
"excessive" followed by "25-months of systemic and institutional delay."
The judge also stated that despite the defence's ongoing requests for
the information used to obtain search warrants, "little was done to
provide defence counsel full disclosure.
"The delay, until Mr. Herman took over the file, is
unexplained."
Coward ordered both men's bail be returned, though, the Crown is
opposing the relinquishing of $17,000 seized in the bust.
The prosecution has 30 days to appeal the ruling.
Member Comments |
No member comments available...
