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R v M & M (1997)

  • Clayton Rice, K.C.

Mr Rice acted for one of two defendants on this appeal from conviction for drug trafficking. The conviction was based on the uncorroborated testimony of an undercover police agent who said she bought cocaine from his client. After the trial, it was learned that the same agent was caught by the police falsely accusing a professional man in Saskatchewan of buying drugs from her. She was convicted of perjury. Mr Rice brought an application in the Alberta Court of Appeal at Calgary to produce new evidence of the agent’s perjury conviction. The court allowed the application, granted the appeal and ordered a new trial. The Crown Attorney then dropped the case when he was left with nothing but the uncorroborated evidence of a star witness convicted of perjury.

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