Jonathan Bacon will now go to trial on drug and weapon charges, following a Supreme Court of Canada decision yesterday.
The nation's highest court dismissed an appeal by Bacon, 29, to overturn an earlier decision by the B.C. Court of Appeal, which ruled he and two others – Rayleene Burton, 34, and Godwin Cheng, 36 – should go to trial on charges stemming from a 2005 bust.
The trio first went to trial in June 2008 in Abbotsford provincial court, but Judge Donald Gardner dismissed the charges. He ruled that police searches of the trio's vehicles and a Winfield Drive home were not properly conducted and breached their charter rights.
That decision was appealed by federal Crown prosecutors last February. The B.C. Court of Appeal issued a ruling in March, saying that Gardner erred in dismissing the charges and a new trial was warranted.
The Supreme Court of Canada agreed. Bacon, Burton and Cheng are next scheduled to appear for a trial confirmation hearing on July 8 in Surrey provincial court. Their trial is scheduled from Sept. 6 to 14.
Bacon has been charged with 15 drug and weapon offences, while Burton faces 12 charges and Cheng faces three.
According to court documents, police observed about 15 transactions over a one-week period in August 2005 involving the transfer of packages between vehicles and the townhouse occupied by Bacon and Burton.
Police also allege they observed Bacon and Cheng transferring packages between vehicles and driving to a meeting point on Aug. 4.
Among the items allegedly found in Cheng's vehicle were marijuana, meth, ecstasy, cocaine, $2,600 cash and cellphones.
Burton was stopped in her vehicle and police seized $88,000, the court documents state.
A subsequent search of the Winfield Drive townhouse turned up marijuana, cash, four firearms, a bulletproof vest and a police uniform.