The appellants, Sebastian Zamora and Nicholas Poku, appealed an order of the Superior Court of Justice that quashed their discharge at a preliminary inquiry and committed them for trial on drug trafficking and importing charges.
The Court of Appeal affirmed the reviewing judge's decision, finding that the preliminary inquiry judge committed jurisdictional error by improperly weighing evidence and drawing inferences, which is the role of the trier of fact.
The court declined to address the issue of when the actus reus of the offence of importing is complete, deeming it an inappropriate forum for such clarification.
