Not enough proof to convict – Scott lawyer
Insufficient evidence client was in a cocaine conspiracy with Jarrod Bacon
A lawyer for Jarrod Bacon’s coaccused, Wayne Scott, argued Thursday that there wasn’t sufficient evidence to convict his client of being involved in a cocaine conspiracy.
Bacon, 28, and Scott, 55, have each pleaded not guilty to one count of conspiracy to traffic in cocaine.
Wiretaps have indicated that a police agent, who can only be identified as G.L. due to a publication ban, implicated the two men in a conspiracy to import up to 100 kilograms of cocaine from Mexico into Canada.
In his testimony Bacon told B.C. Supreme Court Associate Chief Justice Austin Cullen that he lied to G.L. when he said he wanted to buy the drugs.
The Abbotsford gangster claimed that he in fact wanted to steal the narcotics.
Scott, who had earlier testified during a voir dire or a trial-within-a-trial, did not call a defence at trial.
But his lawyer, Jeremy Guild, told the judge in final submissions yesterday that while Scott and Bacon might have agreed to buy the drugs, buying narcotics in itself is not an offence.
He said that the Crown must prove beyond a reasonable doubt that the two men agreed to traffic the drugs for there to be a conspiracy.
Guild said there was no conspiracy, only negotiations, and his client only facilitated meetings.
The defence lawyer said there was also no conspiracy because Bacon intended to steal the drugs.
On Wednesday, Jeffrey Ray, Bacon’s lawyer, also argued in final submissions that there was no evidence of a conspiracy.
He said that Bacon did nothing to bring about a transaction, neither making a down payment, nor examining any drugs.
The “true intention” of his client was to steal the drugs, not buy them, and he was acting on his own, said Ray.
Bacon made his objective known to no one and should be acquitted of the conspiracy charge, he argued.
The Crown is expected to begin final submissions today.