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We have mentioned in previous posts that being accused of or even charged with a crime is not the same as being convicted. Because of this those facing accusations should take steps to craft a defense. Taking this action could be the difference between being acquitted or having the changes dropped and facing serious penalties upon conviction. The recent developments concerning two pals of Rob Ford, illustrate this.
The men both faced the following drug charges: minor drug possession, possession of the proceeds of a crime and marijuana trafficking. The first was accused with selling the second man approximately 288 grams of marijuana. The second man then allegedly sold it a police officer who was undercover. The men were both arrested at the second man’s place of business, a dry cleaners, as a result of an investigation authorities referred to as Project Brazen 2. As a part of the investigation the first man was under 24-hour surveillance.
At trial the Crown’s case fell apart. In render the decision, the Ontario Court Justice shared seven instances where the undercover officer’s testimony lacked credibility. One of those instances was the failure to prove the first man ever brought the drugs to the dry cleaner despite the fact that he had been under round the clock surveillance for over three months. The judge indicated that this lack of evidence along with other factors provided reasonable doubt as to who the drugs actually came from.
While one of the men has an extortion charge still pending it is fair to say they are pleased with the outcome of this trial.