Client was charged with drug trafficking. The allegations were that the client was involved in a hand-to-hand drug transaction with an undercover police officer. The investigation relied on a “catch-and-release” method, whereby the suspect is identified, but not immediately arrested, following an undercover buy.
Held: Charges withdrawn.
Crown elected to withdraw the charges at the preliminary inquiry. Following defence counsel’s cross-examination of a key police witness, the Crown conceded that they could no longer establish the identity of the accused, beyond a reasonable doubt.