Judge doesn’t buy story about drugs

Former BlackBerry manager found guilty of possession of cocaine for purpose of trafficking

KITCHENER — A former BlackBerry manager admitted he previously “distributed” cocaine to coworkers four or five times, but said $10,000 worth of the drug found in his home two years ago was not his.

In fact, he testified he wasn’t even aware it was there.

Peter Whitby suggested the 240 grams of cocaine belonged to Brandon Pfeiffer, a co-accused who was caught with more than 400 grams of cocaine and previously got five years in prison.

A judge on Thursday rejected Whitby’s version of events and found him guilty of possession of cocaine for the purpose of trafficking.

Whitby, 51, was a senior business operations manager at BlackBerry when police found the cocaine in his Waterloo home on Feb. 24, 2015.

Some of the drugs were found in a lockbox under an ottoman.

“It is unrealistic to imagine that Peter Whitby would not be aware of a metal box located under his footstool in the living room of his home,” Justice John Lynch said.

About 200 grams of cocaine was found in the basement “in an area that was readily accessible by the accused,” the judge said.

“That quantity of cocaine would have significant value and it would be a very rare circumstance where a dealer would simply

leave it behind, hoping that nobody would locate it.”

Drug packaging and cutting agents were also found in the basement.

Whitby, who had a 10-year career at BlackBerry but no longer works at the Waterloo company, testified he wasn’t close friends with Pfeiffer but let him stay at his house and even gave him house keys.

“Although the accused testified that he was not aware of Brandon Pfeiffer using cocaine, he did know that Mr. Pfeiffer had access to it,” Lynch said.

“In fact, he indicated that Mr. Pfeiffer had said he could get cocaine for Mr. Whitby’s coworkers that were looking for it. He further acknowledged that on four or five occasions, he did obtain cocaine through Brandon Pfeiffer, which he then distributed to his coworkers.”

Whitby maintained he made no profit from selling to coworkers and said he hadn’t done it since Christmas of 2014.

But it shows a “connection between these individuals and that particular substance,” Lynch said. “It does shed some light on their relationship.”

Whitby, who claimed he knew little about Pfeiffer, testified he loaned him vehicles “out of the goodness of his heart” and let him use his credit card, despite Pfeiffer’s admission that he had bad credit, the judge said.

Lynch called this unbelievable and said Whitby is concealing the real relationship he had with Pfeiffer.

“Peter Whitby is a sophisticated and well-spoken individual,” he said. “He was at the time holding a responsible position with a large corporation. His relationship with Mr. Pfeiffer as described by him has no air of reality to it whatsoever.”

Defence lawyer Hal Mattson argued there was no evidence directly linking Whitby to the cocaine found in his home.

“The fact that he owned that home and lived in it, coupled with the other evidence heard at this trial, allows this court to infer knowledge and control,” the judge said.

Mattson is arguing the time it took for the case to go to trial violates Whitby’s charter rights and the charge should be dismissed. A date for a hearing to decide if Mattson’s application can proceed could be set on Friday.

In the meantime, Whitby is a free man. If the charter hearing does not proceed, a sentencing date will be set. Federal prosecutor Kathleen Nolan said she will be seeking a penitentiary term.

Whitby was also charged with possession of oxycodone for the purpose of trafficking after being found with a few dozen pills. That charge was dismissed.