Dean Sgmouromitis

The defendant, Damen Smith, faced charges including drug trafficking, possession for the purpose of trafficking, possession of proceeds of crime, and firearm offences.

The charges stemmed from a police surveillance operation, a vehicle takedown, and subsequent searches of a Nissan Rogue and an apartment.

The court relied heavily on wiretap intercepts and circumstantial evidence.

The defendant was found guilty of drug trafficking and possession for the purpose of trafficking, and possession of proceeds of crime related to the vehicle.

However, the court found reasonable doubt regarding the firearm charges due to poor police handling of evidence and the presence of other occupants, and also found reasonable doubt for the drug and proceeds charges related to the apartment due to insufficient evidence of the defendant's primary residence and the presence of another individual.

The defendant, Shamal Searchwell-Beals, subpoenaed D.C. Graham for a Charter application.

D.C. Graham sought to be excused from testifying under s. 700(2) of the Criminal Code due to medical grounds (PTSD).

The court applied a modified four-part test from R. v. N.S., considering whether the witness's health would be seriously jeopardized, if excusing them would risk trial fairness, if accommodation was possible, and if salutary effects of testifying outweighed deleterious effects.

The court found D.C. Graham's health would be seriously jeopardized, excusing him would risk trial fairness for the defendant, but no effective accommodation was possible.

Ultimately, the court concluded that the salutary effects of compelling testimony did not outweigh the deleterious effects on the witness's health, especially given the potential unreliability of his testimony and the existence of alternative evidence.

D.C. Graham was excused from testifying.