JHX passed a marked patrol car in his Cadillac while smoking a “joint”. Not surprisingly, the police stopped JHX whereupon they immediately detected the overwhelming scent of cannabis marijuana. JHX was arrested and a subsequent search of the Caddy revealed multiple packages of powder and rock cocaine; 3 cellular phones and cash were found on JHX. The cellular phone, which rang constantly, was answered by the police who then engaged the callers in drug related conversations. JHX was charged with possession of cocaine for the purpose of trafficking.
An election of trial by Queen’s Bench was entered and a date scheduled for preliminary inquiry. Three police witnesses testified for the prosecution; the Defence called no evidence. At the conclusion of the proceedings Patrick Fagan argued that JHX should be discharged (ie: not ordered to stand trial in Queen’s Bench) because the Crown had failed to adduce sufficient evidence to justify such an order. The presiding Provincial Court Judge reserved his decision for several months. Bottom Line: JHX was discharged on all charges.