Ramez Ghaly

The applicant pleaded guilty to exercising control over a person providing sexual services and was sentenced to time served plus probation.

More than three years later, he brought a motion for an extension of time to appeal his conviction, arguing his plea was involuntary due to harsh custodial conditions and that he received ineffective assistance of counsel.

The Court of Appeal dismissed the motion, finding the applicant failed to demonstrate a bona fide intention to appeal within the time limit, provided no reasonable explanation for the delay, and raised grounds of appeal that lacked merit.

The accused, Yonathan Debessay, was charged with possession for the purpose of trafficking crack cocaine, fentanyl, and crystal methamphetamine, and possession of the proceeds of crime over $5,000.

These charges stemmed from drugs found in a stolen car he was driving, with two other occupants, one of whom fled the scene.

Debessay testified, denying knowledge of the drugs and claiming he was temporarily driving the car for an intoxicated acquaintance.

The court found that while aspects of his testimony were implausible, it could not be entirely discounted.

The Crown failed to prove beyond a reasonable doubt that Debessay had knowledge or control of the drugs, or was involved in a joint venture.

Consequently, the accused was acquitted on all counts.