The Integrated Response To Organized Crime Unit (“IROC”) executed a warrant to search the home of F&A where they seized approximately 5 kilograms of cocaine and evidence germane to the recent possession and packaging of an additional 20 kilograms of cocaine. F&A were charged with possession of cocaine for the purpose of trafficking and conspiring to traffic in cocaine.
Through the process of disclosure it soon became abundantly evident that this was a protracted and highly sophisticated investigation involving the interception of private communications (ie: wiretapping”), extensive surveillance and multiple police informants. Despite pressure from the Crown and the Court to enter an election and schedule a date for either preliminary inquiry or trial Patrick Fagan refused to do so until the Crown discharged its constitutional obligation to provide the defence with full disclosure.
Bottom Line: After 18 months of repeated appearances and adjournments in Provincial Court the Crown eventually acknowledged that full disclosure had not yet been provided and that the Crown could not (or would not) provide same. Consequently, the entire prosecution against F&A was successfully resolved by way of the entry of a stay of proceedings .