The applicants, Greg Guthrie and Delon Griffith, sought an order for severance of charges in a multi-count indictment related to cocaine importation and conspiracy.
Guthrie applied to be tried separately on counts one and four from counts two and three, while Griffith sought to sever counts two and three from counts one and four.
The court considered the legal and factual nexus between the counts, the applicants' intention to testify on some counts but not others, and potential prejudice.
The court found a sufficient factual and legal nexus, concluding that the Crown's theory of an ongoing enterprise was reasonable.
It dismissed concerns about testimonial intention and prejudice, emphasizing that a properly instructed jury could consider each count separately.
Both severance applications were dismissed.
