Case Study: Charges Withdrawn – Conspiracy to Trafficking a Schedule I Controlled Substance
Mr. G. contacted Aitken Robertson after working with another defence lawyer for some time. He was seeking new counsel.
An investigation by the OPP for over a year led to the arrest and charging of four individuals, including Mr. G. Over $60,000 in controlled substances were seized. While the other three were charged with possession of a controlled substance and conspiracy to traffic, Mr. G. was charged only with conspiracy to traffic. He asserted his innocence from the beginning.
The evidence compiled by the investigation was immense, including hundreds of pages of documents, recordings from wiretaps, and copies of text messages. While the volume of evidence was substantial, no evidence directly connected Mr. G. to the alleged offence.
Mr. G. was adamant that he was innocent. We wanted the charges withdrawn so that he could maintain a lack of a criminal record.
Clients of Aitken Robertson get the advantage of hiring not one lawyer, but a team. While Edmund was the lawyer handling Mr. G.’s case, he was supported in preparing for such a complex and heavy case by his colleagues at various offices, including lawyer Justin Marchand, a team of clerks, and an articling student. This allowed us to sift through the immense amount of evidence disclosed by the Crown in a time conscious but still thorough manner.
We focused on the lack of evidence that Mr. G. was connected to any of the alleged offences, along with the existence of co-accused. We asserted that any activities the police may have been investigating had not involved Mr. G., that he was merely acquainted with the co-accused who were under investigation. This acquaintanceship between them erroneously put Mr. G. in the scope of the investigation, and we sought to convince of this in order to have the charges withdrawn.
The Crown agreed to withdraw the charge against Mr. G. On the day of the withdrawal Mr. G. told Edmund that he was happy with the results and he walked away without worry that he might face prison time for a trafficking offence he was not involved with.
A 16-month probe by the OPP Organized Crime Enforcement Bureau. $60,000 worth of drugs seized. 3 search warrants. 4 arrests. The Crown alleged a conspiracy to traffic cocaine against my client. Faced with voluminous disclosure, I had to decipher what evidence actually incriminated him. The efforts eventually paid off when the Crown, on the eve of a week-long trial, withdrew all charges.
Edmund Chan, LL.B., M.A., M.P.A.