Pubdate: Sat, 19 Dec 2009
Source: Peterborough Examiner, The (CN ON)
Copyright: 2009 Osprey Media Group Inc.
Contact: http://drugsense.org/url/4VLGnvUl
Website: http://www.thepeterboroughexaminer.com/
Details: http://www.mapinc.org/media/2616
Author: Galen Eagle
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.

RIGHTS NOT INFRINGED: JUDGE

Despite a 27-month and one week delay to bring a Peterborough
businessman's drug case to trial, a Superior Court judge ruled the
man's charter rights were not infringed and ordered the case to trial.

[name redacted], the owner of [business name redacted] on The Queensway,
was charged on Oct. 15, 2007 with possession of cocaine for the
purpose of trafficking, possession of ecstasy for the purpose of
trafficking and possession of oxycodone for the purpose of trafficking
after police searched his home and business.

His lawyer Jeff Ayotte launched a challenge, arguing [name redacted] was not
tried within a reasonable time period and suffered prejudice as a result.

Ayotte said [name redacted] has not been found guilty "yet his liberties have
been taken away in a very real way" over the last two years.

In a very brief decision, Mr. Justice Hugh O'Connell said the accused
did not suffer any prejudice besides the expected prejudice associated
with his charges and the strict bail conditions Robinson consented to
himself.

"I have determined that this is not a case where I am going to stay
the trial of [name redacted]," O'Connell said.

Many of [name redacted]'s multiple court appearances were sparked by defence
requests for disclosure, he said.

O'Connell pointed out the strong societal interest in seeing the case
go to trial.

"We're dealing with three types of drugs and substantial quantities,"
he said. "It is in his interest and society's interest to have (the
case) heard."

But O'Connell urged Ayotte and federal prosecutor Mauro DiCarlo do
ensure the case gets heard in the upcoming January sittings in
Superior Court of Justice beginning Jan. 18.

Otherwise he would entertain another similar application, he
said.

The case has been adjourned to Jan. 6. 
- ---
MAP posted-by: Jo-D