Crown stays trafficking case

The federal Crown issued a stay of proceedings November 19 in a two-year-old marijuana trafficking case.

Michael Cross of Yorkton was one of 21 individuals who faced charges following a five-month multi-agency undercover drug sting dubbed Operation Fanalyst.  

His trial last week did not make it past the voir dire stage. Judge Patrick Koskie heard the evidence of five Crown witnesses in voir dire because Saskatoon defence attorney Michael Owens intended to bring a Charter argument that evidence obtained as a result of an illegal search of his clients' cell phone was inadmissible.

The Crown was also unable to produce his sixth witness. Federal prosecutor Shane Wagner advised the Court at the beginning of the proceeding that Tlell Eipert, a co-accused of Cross who received a nine-month jail sentence after pleading guilty to cocaine trafficking, was not available because she had escaped lawful custody while on a day pass from jail.

Wagner said he wanted the Court to admit a video of Eipert's statement to police.

Owens objected on the basis that the testimony was unsworn and that it contravened his right to cross-examine Crown witnesses.

Wagner argued the evidence qualified under the exception to hearsay rule, which allows statements that are both necessary to a hearing and reliable, to be admitted even if they are hearsay.

The voir dire continued throughout the first day and the morning of the second day, but before the judge could rule on any of the issues, Wagner announced the Crown would not proceed with the case any further.

The prosecutor did not offer a reason for the stay of proceedings, but told Yorkton This Week simply that, "The Crown has an obligation to remain judicious throughout proceedings."

With the conclusion of this trial only six of the 21 cases remain unresolved. The two main targets of the investigation have yet to face trial. Thomas Stevenson who is currently serving time for on unrelated charges is scheduled to appear at Court of Queens Bench December 16 for a continuation of his pretrial on one count of trafficking, two counts of possession of the proceeds of crime and five breach charges.

Davi Estrada's pretrial is scheduled to begin January 27. Estrada faces six charges of trafficking cocaine, five counts of possession of the proceeds of crime and two counts of possession of break and enter tools.

Also yet to be tried is Alisha Pillay whose preliminary hearing is scheduled for April.

There are three people at large, Eipert who did not return to prison after being released on a day pass; Byron Berens who did not show up for his November 6 trial; and Adam McKay who has never been caught.

The dispositions of the other cases include seven jail terms (including Eipert), two conditional sentences, two acquittals, two withdrawals of charges, one fine, one stay of proceedings (Cross) and one discharge.