By Andrew McCormack
Both counts of drug trafficking charges against Michael Chachula — who was a Mountie in Swift Current — have been quashed.
Chachula, born in 1983, is from Ontario. The entirety of the alleged offence — trafficking cocaine and ecstasy — occured in Toronto, but he was arrested and charged in Swift Current.
Justice T.J. Keene agreed with Chachula’s defence lawyer, Barry Nychuk, that centuries of English and Canadian common law — ruling that a trial should be held where an alleged crime is committed — should be followed.
Keene also didn’t find two court cases presented by Wade McBride, for Crown, that are from the Yukon, as binding, or convincing enough.
Chachula was arrested in Swift Current in Jan. 2015, after investigations began in Oct. 2014.
Keene ruled that trying Chachula in Swift Current was in contravention of his rights in the Charter of Rights and Freedoms.
Chachula was a member of the Swift Current Municipal RCMP for seven years before being suspended with pay after his arrest. According to RCMP, Chachula resigned in June, 2015.
Following his ruling in The Court of Queen’s Bench in Swift Current this morning, Keene clarified that it was not a case of a stay of proceedings or anything like that.