Two more days will be needed to finish the trial of a man allegedly caught with about $35,000 worth of crack cocaine and a loaded handgun, Red Deer Court of Queen’s Bench heard on Friday.
Justice Monica Bast adjourned the case against Samir Mohamed, 22, until June 6 to hopefully set two days this fall.
Samir’s defence hinges on a Bast’s decision whether his constitutional rights were violated.
Bast heard constitutional arguments on a voir dire from federal Crown prosecutor Dave Inglis and defence lawyer Shawn Beaver on Friday before adjourning.
The case basically hinges on the ruling in the voir dire, or a trial within a trial, to determine if the evidence can be entered into the trial.
Mohamed faces 10 charges, including two counts of trafficking in a controlled substance, possession of a controlled substance, carrying a concealed weapon, possession of the proceeds of crime, three counts of possession of unauthorized weapons and three other weapons related offences.
Mohamed was charged with a traffic violation by RCMP Const. Sabrina Caterini about 1:50 p.m. on Feb. 11, 2009, when she saw the accused make an illegal U-turn in Sylvan Lake.
The defence argues Mohamed’s rights were violated when he was arrested and charged because his right to contact counsel weren’t read to him until after he was arrested and his vehicle searched.
Caterini said a “very strong skunky odour” of fresh marijuana came from the vehicle.
The accused handed her a cigar package containing a marijuana cigarette.
When he was being searched, he produced a small bag of about seven grams of marijuana.
After searching his jacket, the RCMP officer found 25 pieces of crack cocaine. She then charged him with drug trafficking.
A vehicle search uncovered 325 grams of crack cocaine, worth an estimated $30,000 to $35,000 if sold in small quantities on the street, and a .22-calibre loaded handgun.
jwilson@www.reddeeradvocate.com