The unexpected termination of proceedings in a lawsuit against two Quebecers for importing 270 kg of cocaine surprised the defendants themselves, while now there is talk of exceeding the deadline.
Magella Raymond and Josée Caisey, from Baie-des-Sables in Bas-Saint-Laurent, were charged on July 21, 2021 with importing and possessing cocaine for trafficking purposes. They had been arrested in Halifax a year earlier after 270kg of cocaine worth $33.8 million was discovered on their sailboat.
• Also read: 270 kg of cocaine on board their sailboat: twist in the trial of two Quebecers
• Also read: 270 kg of cocaine imported by sailboat: Two residents of Bas-Saint-Laurent arrested
But on May 3, the situation was completely reversed when the Canadian Public Prosecutor’s Office (PPSC) dropped the case without giving any reason, which it can do on the basis of a nolle prosequi.
Curiously, the PPSC never released the evidence to Me Macha Bernatchez, who became Magella Raymond’s attorney on October 13. The prosecution, Mr. Raymond’s first counsel, Me Richard Dubé, and co-defendant’s counsel, Me Ariane Cayer, held the evidence.
Faced with this inexplicable situation, Me Bernatchez then “filed a motion to dismiss the investigation” to drop the case.
delays
She suspects that the prosecution may have realized that time was running out and decided to call it a day before Jordan was called. According to this verdict, the trial must take place within 30 months of the indictment.
“The next dates for the preliminary examination would certainly have been in the fall. Next, our clients wanted to appear before a jury. Therefore, a French-speaking jury had to be formed in Nova Scotia. There was probably a lag issue,” says Me Bernatchez.
“It is clear that the delay since October is due to the lawsuit. “It’s a debate (Jordan) that has become inevitable,” says Me Cayer, who shares his colleague’s analysis.
Inexplicable
The mystery surrounding the non-disclosure of the evidence to Me Bernatchez remains intact. If this had happened in time, the preliminary investigation could have taken place on May 4th and 5th.
“I don’t know what the problem is. Is there another reason? I don’t know if we’ll find out one day,” wonders Me Bernatchez. However, she confirms that there has been no discussion between her clients and the crown, so no possible agreement or collaboration.
“I have no further explanations to give. There was nothing delicate in the evidence, not even a very complex investigative technique,” says Me Cayer.
The whole thing is all the stranger since the investigations had already taken place for a year before the indictment was brought and the evidence was not really extensive, the two lawyers acknowledge.
A shock
Still, the announcement was so overwhelming that the two former defendants didn’t even notice.
“He (Mr Raymond) was terribly surprised. It will take longer for him to be happy. “It was really a surprise,” says Me Bernatchez.
“It was really a surprise. She (Ms. Caisey) was preparing to sit through those trials for months, even years,” Me Cayer said.
With a Nolle Prosequi, the Crown has one year left to bring the charges, which it could not have done if it had simply withdrawn them.
“That’s why we’re trying to find out the reasons for the termination of the proceedings,” said Me Macha Bernatchez.
“The prosecutor let us know that this was not his intention. But nothing prevents that,” concludes Me Ariane Cayer.