As a result of wiretap information and observations of members of the Toronto Drug Squad, Magda’s client was charged with trafficking in a firearm. After a lengthy cross- examination Magda argued that the main surveillance officer fabricated his evidence and that the phone number in question did not belong to her client. The jury acquitted Magda’s client.
Magda’s client was acquitted of possession of three loaded firearms and a quantity of drugs after the police executed a warrant and found the items in an apartment allegedly connected the client.
The Prosecutor invited the judge to acquit Magda’s client on the first day of trial as a result of a Charter application by the defence. Magda argued that the police breached her client’s rights by stopping and speaking to him at the side of the road, and searching him and the vehicle in which he was a passenger.
Magda’s client was discharged after a multi-day preliminary hearing, under cross-examination various witnesses gave conflicting descriptions of the alleged assailant that did not match Magda’s client. Magda argued that although some witnesses were able to identify her client in the courtroom and in a line-up, the evidence as a whole did not merit the case going to trial. Her client walked out of court a free man.
Counsel Dirk Derstine and Stephanie DiGiuseppe were recently successful in establishing that extensive wiretaps and room probes obtained as a result of a Part VI Authorization were unconstitutionally obtained. Justice Gerald Thomas Taylor made findings that the behaviour of the affiant was either in bad faith or grossly negligent. His Honour further found that the affiant mislead the issuing justice by ommitting material facts relevant to the informant’s credibility and reliability. His Honour concluded that, by withholding relevant information, the affiant either intentionally or negligently portrayed the credibility and reliability of the police informant in more favourable light than was warranted in the circumstances. Justice Taylor found that the police conduct in this case amounted to a serious breach of s. 8 of the Canadian Charter of Rights and Freedoms. His Honour excluded all of the evidence from the accused’s homicide trial pursuant to s. 24(2) of the Charter.
R. v. Hall – Ruling Re: Admissibility of Wiretap Evidence
The Crown stayed charges against Magda’s client on the first day of trial. This case dealt with a drug warrant executed by TPS officers from 51 Division. The defence was going to ask the Court to stay the charges due to excessive force used by members of the search team and the unreasonable manner of search that involved the destruction of property. Magda was going to argue that TPS officers breached her client’s Charter rights by repeatedly beating her client, killing his pets and vandalizing his property during the search of the residence.
Ariel’s client was acquitted of Attempted Murder, Aggravated Assault and Robbery stemming from a brutal attack on a Peterborough taxi driver on Halloween night 2011. The jury found the main Crown witnesses to be incredible and the evidence of identity lacking.
The Crown this week stayed charges against Magda’s client in a string of bank robberies after her cross-examination of two key police witnesses. Large gaps were uncovered in the police surveillance.
Magda’s client was acquitted this week of possession of a loaded firearm. Her Client was arrested on the 401 after a high-speed police chase that resulted in a crash. A gun was found on the shoulder of the highway in the general area of the crash. The arresting officer testified that during the pursuit he saw an object fly out of the vehicle. After cross examination of the Crown witnesses, Magda argued that the there was no way to tell whether the object that the officer saw coming out the vehicle was the gun that was found. The evidence as to where the gun was found was vague and a lot of people had access to the scene before its seizure.
Magda’s client was charged with possession of two loaded handguns, a large quantity of ammunition and crack cocaine as part of Project Kingfisher. The police executed a warrant and found the items hidden in a bedroom where he was sleeping. The guns were hidden and there were four other adults in the apartment, all denied knowledge of the guns. Magda argued that proximity to the items is not enough to ground a
conviction; a number of people had access to the bedroom. The Court dismissed all charges.