John Margetson

A York Regional Police officer, Jordan Nesbitt, was charged with breach of trust, fabricating evidence, and attempting to obstruct justice following a vehicle search.

The Crown alleged he planted cocaine and falsified reports to justify an unlawful search.

The court found that the Crown failed to prove the charges beyond a reasonable doubt, citing issues with witness credibility, the integrity of the scene, and plausible alternative explanations for the presence of substances.

The defendant was acquitted on all counts.

Omerjah Burke was charged with firearms offences, possession of oxycodone and cocaine for trafficking, and possession of proceeds of crime.

The charges stemmed from a search warrant execution where contraband was found in a locked bedroom of an apartment leased by Burke.

Burke claimed he had sublet the room to a friend named Kevin and had no knowledge of the items.

The court assessed the credibility of witnesses and circumstantial evidence, particularly documents linking Burke to the room and inconsistencies in his testimony regarding his residence and the existence of "Kevin." The court found Burke guilty of firearms offences and simple possession of oxycodone and cocaine, but not guilty of possession for the purpose of trafficking or possession of proceeds of crime, due to reasonable doubt on the latter charges.

The accused was convicted of possession for the purpose of trafficking in Methylone, Ketamine, and Cannabis.

An application to exclude evidence under the Charter was dismissed.

The court considered sentencing objectives of denunciation and deterrence, noting the commercial nature of the drug enterprise and the lack of significant mitigating factors.

A total sentence of 23 months incarceration was imposed, reduced to 8 months after credit for pre-sentence custody, followed by two years of probation with specific conditions, a 10-year weapons prohibition, and a DNA order.

The Crown brought a pretrial motion to admit the opinion evidence of two police officers as expert witnesses in a trial involving drug trafficking and criminal organization charges.

The first officer was proposed as an expert in drug trafficking and slang, which the court admitted fully, finding the evidence reliable and necessary.

The second officer was proposed as an expert on outlaw motorcycle gangs, specifically the Outlaws and the Black Pistons.

The court found the second officer qualified to testify on the general history and culture of outlaw motorcycle gangs, but excluded his opinion on the specific culture of the Black Pistons and the ultimate issue of whether they constituted a criminal organization, due to his limited specific experience with that group.