The trial for Jarrod Bacon of Abbotsford and co-accused Wayne Scott will continue next month, after a Supreme Court justice denied their applications to have their charges stayed.
Lawyers for the pair argued in B.C. Supreme Court in Vancouver that their charter rights had been violated and wiretap evidence gathered during a drug investigation should be thrown out.
Justice Austin Cullen did not agree, and ruled Monday that the trial will continue. It is scheduled to pick up again on Jan. 9.
The trial began in early October. Bacon and Scott are each charged with one count of conspiracy to traffic in cocaine.
They were arrested in Abbotsford in November 2009 following an undercover investigation by the Combined Forces Special Enforcement Unit that targeted members of the Red Scorpions and UN gangs.
At the time, police said Bacon was a high-ranking member of the Red Scorpions. Scott is the father of Bacon's girlfriend, with whom he has a young child.
Crucial to the Crown's case is wiretap evidence that was collected by an undercover agent, who can only be identified by the initials "G.L."
G.L. previously testified that he was making arrangements with Scott, whom he had known for 10 years, and Bacon for the transportation of up to 100 kilograms of cocaine from Mexico.
On wiretap evidence played in court, Bacon agreed to pay $30,000 for the first 10 kg of product, with plans to purchase another 10 kg a day until the supply was gone.
The undercover investigation came to a close after a warehouse meeting between G.L. and Bacon never transpired due to a large police presence responding to reports of a break-in on the property.
Bacon remains in prison, while Scott is out on bail.