'ISSUES' WITH CROWN CASE CITED AS REASON JAFFER'S CHARGES WITHDRAWN

Ontario Ministry Mum on Evidence Problems With Former Tory MP's
Criminal Charges

The Ontario Ministry of the Attorney General maintained Friday its
decision to withdraw charges against Rahim Jaffer was based on
problems with the Crown case against the former Conservative MP.

"There was no reasonable prospect of conviction because there were
issues relating to the admissibility of evidence that was available,"
said Brendan Crawley, a spokesman for the Ministry.

Crawley declined to specify the nature of the admissibility "issues"
for the Crown.

Jaffer is the husband of Helena Guergis, who was forced to resign from
the federal cabinet Friday after Prime Minister Stephen Harper
referred unspecified allegations to the RCMP to investigate.

Jaffer was allegedly driving more than 40 kilometres over the speed
limit last September on his way home northwest of Toronto, when
stopped by police. He was charged with driving over the legal limit
after a breathalyzer test, as well as possession of cocaine, following
a search of the car.

The charges were suddenly reduced to careless driving last month by
the provincial Crown and Jaffer received a $500 fine.

The breathalyzer reading and the amount of cocaine allegedly seized
has not been made public by the Crown or the Ontario Provincial Police.

Drug offences are normally handled by the federal prosecution service,
although it can delegate authority to the provincial Crown, as it did
in this case.

A report this week in the Toronto Star suggested Jaffer has agreed to
provide evidence against an alleged business associate charged with
fraud.

The suggestion was dismissed by lawyer Howard Rubel, who represented
Jaffer in his criminal proceeding.

Rubel could not be reached for comment Friday.

The Ontario Crown declined to respond directly when asked if Jaffer
were co-operating in another criminal prosecution.

"Where there is no reasonable prospect of conviction, the presumption
of innocence and basic considerations of fairness to the accused limit
the ability to comment on a case," Crawley said.

The decision to reduce t he charges was reviewed by John Ayre, chief
provincial prosecutor in Ontario.

"He is entirely confident that the Crown acted properly and in keeping
with the proper administration of justice," Crawley said.

The explanation by the province that there were problems with the
admissibility of evidence suggests there was an alleged breach of
Jaffer's charter rights during his arrest.

The Supreme Court of Canada initially ruled more than 25 years ago,
though, that evidence may be admitted at a trial, even with a charter
violation.

A three-part test was set out for courts to determine the
issue.

It is unusual for the Crown to withdraw charges after only a few court
appearances, without testing the alleged charter violation, said
defence lawyers contacted by the National Post.

When cocaine is located in a vehicle, or whether someone is the owner,
does not mean drug charges will necessarily be withdrawn.

Instead, that is an explanation a defendant may provide in testimony
at trial.

The OPP did not respond to a request for comment Friday.