Two men were released from prison during a bail hearing in Estevan provincial court on March 30, following their arrest for allegedly trafficking cocaine on March 27.
Nicholas Guzman, who is originally from British Columbia, was released on a $2,500 cash deposit and number of restrictions. He was arrested alongside Kenneth Marshall of Estevan, after surveillance by Estevan Police Service led them to the Derrick Bar, where the arrests were made.
Marshall was released on a $2,500 no cash recognizance with the same restrictions Guzman was ordered with by presiding Judge Lane Weigers.
Both men will be appearing in court on May 4.
The federal Crown noted during proceedings that EPS followed a red Ford Escape from Dairy Queen to the Derrick hotel, after information gathered by police led them to a potential drug transaction.
Once police moved in to make the arrest outside of the bar, police reports state they found three baggies of cocaine and an estimated $10,000 to $20,000 in cash on Marshall. Police found 1.5 g of cocaine on Guzman, valued at approximately $105.
Guzman’s defence lawyer was concerned with a number of the federal Crown’s proposed restrictions. The majority of them were tweaked and ultimately agreed upon, except for one, which was that Guzman would have to comply with random searches up to four times a month until his next court appearance.
The defence said random searches would be unreasonable, considering the circumstances of Guzman’s arrest. She also said Guzman has no previous criminal record.
The federal Crown argued that this was a restriction many people have received and agreed to. He noted the onus was on Guzman to show why he should be released at all, and that random searches are in place to prevent suspected offenders from becoming involved with drug trafficking.
Weigers said he appreciated both the Crown and the defence’s arguments, but ultimately accepted the defence’s proposal to only search Guzman’s residence upon reasonable suspicion from police.
