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← More Drug Trafficking, Conspiracy, Possession of Drugs, and Related Offences success stories
Charges of Importation of Cocaine and Conspiracy to Import Cocaine stayed in the Ontario Court of Justice, Brampton prior to trial. The client runs an importing business mainly with food staples sourced from Jamaica. The client ordered three shipments of food items. Each shipment was seized by Canada Border Security Agency and the RCMP set up a controlled delivery. The three deliveries contained over 11.8 kilos of cocaine. The client was arrested. He retained Joseph Neuberger as his defence lawyer. Joseph Neuberger had an extensive interview of the client and then reviewed the past three years of orders and shipments. It turned out that over three years the client was ordering similar food shipments from the exact same companies in Jamaica and in fact was using the same logistics company. Thus, it was odd that these three orders from the exact same companies and shipping agency would turn up with Cocaine. Defence lawyer Joseph Neuberger ordered the video of the search of his client’s residence and the police captured on video multiple files of C.L. regarding business dealings with the exact same companies. Nothing was seized by the police. Disclosure was sought from the Crown about information on the shipping company and the source companies in Jamaica. Four requests were made and the RCMP made no effort to obtain any information about the businesses in Jamaica. Eventually, defence lawyer Joseph Neuberger set the matter down for a trial on the drug charges, set for a five day trial. The matter was set beyond 18 months, the Jordan decision timeline. Accordingly, an Application to stay was brought as a pre-trial motion. Well prior to trial discussions occurred between Joseph Neuberger an the assigned prosecutor about the drug charges, and it became apparent to the Crown that C.L. might have been an unintended recipient of the cocaine. After consideration of reasonable prospect of conviction and the delay, the Crown agreed to stay all charges.
