Giedrius Kesminas was tried on two counts: conspiracy to import cocaine (Count 7) and conspiracy to utter forged documents (Count 11), stemming from "Project Southam." The Crown's case relied heavily on wiretap evidence.
Kesminas denied participation, claiming he only pretended to agree to the cocaine importation scheme.
The court applied the two-step Carter analysis for conspiracy membership, rejecting Kesminas's "pretence" defence and finding him an enthusiastic participant.
Kesminas was convicted beyond a reasonable doubt on Count 7.
However, the court reserved its decision on Count 11 due to a material discrepancy between the indictment's particularization (registering a property in Helen Lauro's name) and the evidence presented (obtaining a mortgage for Hans Lauro), citing the principle from R. v. Saunders that the offence as particularized must be proved.
