Pubdate: Sat, 07 Nov 2009 Source: Medicine Hat News (CN AB) Copyright: 2009 Alberta Newspaper Group, Inc. Contact: http://www.medicinehatnews.com/ Details: http://www.mapinc.org/media/1833 Author: Alex McCuaig Note: MAP archives articles exactly as published, except that our editors may redact the names and addresses of accused persons who have not been convicted of a crime, if those named are not otherwise public figures or officials. MAJOR DRUG CASE THROWN OUT Judge Agrees That Accused Traffickers' Charter Rights Were Infringed Upon Two men accused in one of Medicine Hat's largest drug busts walked out of the city's Provincial Courthouse free men after a judge stayed the proceedings against them. [name redacted] and [name redacted], both 25, were arrested on Dec. 15, 2005 after police seized quantities of ecstasy, cocaine and marijuana worth in excess of $300,000. The arrests followed a month-long investigation of the men. Judge Fred Coward stated in his decision, "when trials are delayed, justice is denied" but didn't go so far as dismissing the charges, granting a judicial stay of the proceedings. Four trial dates had been set over two years. The first in Nov. 2007 was taken up with the defence's first Charter application arguing there was an excessive period before the trial. Coward had ruled against the defence. That was followed by another date being canceled due to the defence's Queen's Bench application which sought to overturn Coward's Charter ruling. After that argument was rejected, two days of evidence was heard during the men's third date in March of this year before the court ran out of the scheduled time. The fourth date, which began Monday, was taken up with the defence's second Charter argument - this time successful. Coward cited the problems with carriage of the case with six prosecutors having represented the state before federal Crown prosecutor Bill Herman took over in May 2007. He called the 17-month period between arrest and the first trial date "excessive" followed by "25-months of systemic and institutional delay." The judge also stated that despite the defence's ongoing requests for the information used to obtain search warrants, "little was done to provide defence counsel full disclosure. "The delay, until Mr. Herman took over the file, is unexplained." Coward ordered both men's bail be returned, though, the Crown is opposing the relinquishing of $17,000 seized in the bust. The prosecution has 30 days to appeal the ruling. - --- MAP posted-by: Jo-D