The accused, Thomas Donovan, applied to set aside his guilty plea to possession of fentanyl for the purpose of trafficking, entered on April 5, 2022.
The application was based on his assertion that the drugs were not his and that he took the headphone case containing them from an acquaintance, Zach Pringle, leading to a claim of factual inaccuracy in the plea.
Despite the plea being voluntary, informed, and unequivocal, the court found valid grounds to set it aside in the interests of justice.
The court considered the arguable credibility of the accused's new account, the hearsay evidence from Mr. Pringle, the accused's reluctance to implicate Mr. Pringle, his motivation to plead guilty due to poor detention conditions, and his Indigenous background as a relevant factor.
The court concluded that restoring the presumption of innocence was in the interests of justice, allowing the accused to make full answer and defence.
