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Not guilty verdict in coke, pot case Galit Rodan Northern News Services Published Wednesday, April 11, 2012
Supreme Court Justice Virginia Schuler said that although she would dare say that Rory Quentin Moore, 27, was "probably in on" transporting the drugs from British Columbia to Yellowknife by truck in June 2010, "that's not the test; nor is the test guilt by association," she said. On June 27, 2010, members of the Yellowknife RCMP organized crime division intercepted Moore and Robert Livingstone on Highway 3, more than 100 km outside of Yellowknife. RCMP found sealed packages of marijuana in a tire in the flatbed of the black Ford F-150, registered to and being driven by Livingstone. As well, the police uncovered a grocery bag, hidden in the truck's cab, containing the cocaine. The estimated value of the drugs was between $40,000 and $90,000, Schuler said. It fell to Schuler to decide whether Crown prosecutor Angie Paquin had proven beyond a reasonable doubt that Moore was in possession of the drugs. Schuler explained that under the Criminal Code of Canada, the charge requires that the Crown establish the accused had knowledge of the presence of the drugs, had consented to their presence and had some measure of control over them. In the end, the Crown's inability to establish that Moore exercised control over the drugs led Schuler to her not-guilty verdict. Schuler expressed some concerns about the reliability of Livingstone's testimony, because she said he was an admitted drug addict and alcoholic, possessing only a third-grade education. She referred to him as a "difficult witness." The judge read aloud from his testimony, often noting it was vague or unclear. She also said there were discrepancies between the evidence Livingstone gave at the preliminary inquiry and the evidence he gave at trial two weeks ago. Schuler accepted parts of Livingstone's testimony, including that Moore was present when Livingstone's cousin was sealing the packages of drugs in a garage in British Columbia and when the drugs were being placed in the truck. Moore "must at the very least have known that there were drugs in the truck and turned a blind eye to it," she said. She was not convinced, however, that Moore had handled the drugs in any way, directed that the drugs be put in the truck or directed Livingstone on where to go. Schuler said she considered whether Moore having driven the car briefly and having paid for food and gas constituted "control" under the Criminal Code, but said without more evidence she could not make such a finding. Livingstone faces his own trial - date unknown - for two counts under the Controlled Drugs and Substances Act. He is scheduled to appear in court for a bail review on April 23.
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