Pubdate: Fri, 03 Nov 2017
Source: Telegram, The (CN NF)
Copyright: 2017 The Telegram
Contact:  http://www.thetelegram.com/
Details: http://www.mapinc.org/media/303
Author: Tara Bradbury
Page: A3

JUDGE RULES EVIDENCE INADMISSIBLE IN MARIJUANA TRAFFICKING CASE

One man acquitted as a result; trial for his co-accused is underway in
St. John's

A Newfoundland and Labrador Supreme Court judge has ruled evidence in
a drug trafficking case - 62 pounds of marijuana - is inadmissible at
the trial of one of two men charged.

As a result, 29-year-old Matthew Bernard McGuire of Mount Pearl left
the St. John's courthouse cleared of the charges Thursday morning,
while his co-accused remained to stand trial.

McGuire was acquitted of charges of trafficking marijuana and
possessing marijuana for the purpose of trafficking, which were
withdrawn by the Crown after Justice Robert Stack ruled in favour of
an application made by McGuire's lawyer, Erin Breen.

Breen had argued that McGuire's rights had been violated during the
police investigation and arrest two years ago - specifically, his
rights under two sections of the Canadian Charter of Rights and
Freedoms that deal with arbitrary detainment and unreasonable searches.

Stack agreed. He dismissed, however, an application from the lawyer
for McGuire's co-accused.

Representing 27-year-old Curtis Alexander Wasylow of Vancouver, Bob
Buckingham had argued a breach of his client's rights as well, but
under a different section of the charter, one that deals with an
accused's right to retain and instruct a lawyer.

After McGuire left the court, the trial for Wasylow
began.

A third man, 29-year-old Kelly Aaron Poulin of Maple Ridge, B.C., was
also arrested and charged. He pleaded guilty and his case was sent to
B.C. to be dealt with in provincial court there.

The trafficking charge was withdrawn and Poulin was sentenced Oct. 7,
2016 in Port Coquitlam on the charge of possessing marijuana for the
purpose of trafficking. He received an 18-month jail term and has
since been released.

Members of the Combined Forces Special Enforcement Unit (CFSEU), a
police team consisting of RNC and RCMP officers, arrested Poulin,
McGuire and Wasylow on May 13, 2015, after a search of a St. John's
hotel room and a vehicle turned up a suitcase full of weed and more,
62 pounds in total.
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MAP posted-by: Matt