Toronto Drug Lawyer – Cocaine Possession
Marijuana Grow Operations
Regina v. Michael Lee, September 17th, 2009 OCJ
Mr. Lee was charged with possession of cocaine and Ms. Shemesh brought an application to exclude the cocaine as a result of the police violating his Sections 8,9 and 10(b) Charter rights. The trial judge listened to the evidence carefully and following extensive cross-examination of both police officers, the trial judge found that the officers had made up the story of stopping Mr. Lee to investigate a purported break and enter into a vehicle while they “stumbled” onto the cocaine in Mr. Lee’s pocket and in his vehicle.
The trial judge rejected this evidence and found the following:
In Cross-examination by defence counsel, the officer conceded that he never actually took notes or asked questions about his “suspicion” and in fact, had virtually no un-aided memory about any observations that he may have made that night regarding the property at 3765 Sheppard Avenue East. This was also the testimony of Constable Aikman, when cross-examined on this area of their “investigation” that night. Neither Constable McCullough nor Constable Aikman made any notes of any inquiries of Mr. Lee or Mr. Tung or any computer investigations under the Trespass to Property Act. This lack of details, or particulars about an investigation that took between forty five minutes to one hour is breathtaking.
In this case, in my view, the enumerated Charter Breaches and the lack of credibility of the two officers, as witnesses, and their failure to properly document their investigation, tips the scales substantially in favor of exclusion. [Read More]
If you or someone you care about has been charged with a drug crime such as cocaine possession, you will need to speak to a drug lawyer in Toronto. I defend all types of drug crime offences from charges of personal possession, trafficking and importing. My experience with drug crimes in combination with an almost flawless track record and my familiarity with constitutional arguments in the courtroom allows me to provide you with the best defence possible.
Call my Toronto law practice today at (416) 944-8111 if you need a lawyer experienced with drug related crimes.