PORT HAWKESBURY: A man charged with drug trafficking saw his conviction overturned last week.
During an appearance in Antigonish Provincial Court on April 27, 2016, William Leigh Brady received 18 months of house arrest. A jury found Brady guilty of trafficking marijuana and possession for the purposes of trafficking, but during the sentencing hearing, the crown entered a stay on the possession for the purpose of trafficking charge because both charges covered the same alleged acts.
Brady appealed the conviction and Justice Elizabeth Van den Eynden heard Brady’s appeal on November 28 in Halifax. In a press release issued last week, Brady’s lawyer Adam Rogers stated the evidence provided during the trial showed cannabis marijuana and cannabis resin were found together in a vehicle driven by a third party.
“Mr.Brady appealed the verdicts on the grounds that they were inconsistent and could not be reconciled on any rational or logical basis,” stated Rogers. “The Court of Appeal agreed, and determined that the charges for which Mr.Brady was acquitted were so tightly wound with the charges for which he was convicted, that the verdicts were unreasonable. The court allowed the appeal and entered acquittals for Mr. Brady.”
Van den Eynden decision’s stated the “inconsistent verdicts are unreasonable and cannot be reconciled.
“Although an acquittal might appear to be an unpalatable remedy in light of the strength of the evidence, in my view the law mandates this remedy in these circumstances,” stated Van den Eynden in the decision.
A jury found Brady guilty of the charges during a trial in February, 2016. Brady’s charges were in relation to Operation Hakon, which involved 130 charges against 130 people, including Brady. Rodgers previously said there appeared to be some unrelated events all lumped together when it comes to arrests made during the RCMP operation, including that of Brady.