USA v. A., 2001 BCSC 781 – Justice S.R. Romilly
Cases of Note / 02.05.2001
65] With respect to Count 2 against A., I agree with Mr. Bolton that there is no evidence A. and any other person ever reached the point of agreeing to exchange heroin for Klystron tubes. The evidence simply demonstrates that this possibility was discussed and that there were some preliminary negotiations. There never was any agreement…
[66] …A. cannot conspire with a Special Agent H… because the latter, an undercover agent, never intended to agree. There is no evidence that A. and any other person every reached the point of agreeing to exchange heroin for Klystron tubes. Rather, the evidence demonstrates that this possibility was discussed and that there were some preliminary negotiations.
[72] In my view, the conspiracies alleged are not revealed in the evidence of the Requesting State.