The accused was charged with possession of cocaine for the purpose of trafficking after police recovered crack cocaine from a safe and a smaller quantity from a witness during a domestic incident investigation.
The Crown relied heavily on the evidence of a key witness who repeatedly recanted and altered her account of events, including statements to police, testimony at the preliminary inquiry, and testimony at trial.
The court found the witness unreliable due to significant inconsistencies and admissions of lying.
Although circumstantial evidence linked the accused to a safe containing cocaine, other individuals had access to the apartment and may have handled the safe.
The court held that the Crown failed to prove beyond a reasonable doubt that the accused had knowledge or control of the cocaine.
