Our client was charged with drug trafficking by taking 4.7 kg of marijuana through the Abbotsford airport. We raised Charter issues at trial arguing that there was an illegal search of the bag and that our client was denied his right to contact counsel. During the Voir Dire, the officer testified to a different version of events than had previously been disclosed to Crown Counsel. We raised this change of evidence as a credibility issue which resulted in a successful application for the Court to order a new Crown Counsel to take conduct of the case as the original Crown Counsel had become a witness. Trial was adjourned and the new Crown Counsel entered a stay of proceedings before the trial continued.
Result: Charges dropped