The defence lawyer in the case of a former correctional officer charged with trafficking drugs inside Whitehorse Correctional Centre decided to withdraw his request to have the identity of a confidential informant revealed.
The informant tipped off the WCC superintendent that there would be contraband brought in that day, court heard last week.
The superintendent, with two other correctional officers, proceeded to search the belongings of Michael Gaber, a correctional officer at the time. Ritalin pills and marijuana were retrieved after the search.
On Wednesday defense lawyer David Tarnow argued the informant could have been an agent provocateur.
But Justice Veale reminded him that in order to waive the confidentiality privilege of an informant, Tarnow had to make a case this was necessary to prove the innocence of his client.
A defence of entrapment can only be made if an accused has been found guilty, the judge added, prompting Tarnow to reconsider his request.
The actual trial hasn’t started yet, as the court has been hearing testimonies and witnesses to determine the admissibility of the evidence.
Tarnow claims his client’s rights were violated during the search and that the evidence seized should be thrown out.
The case will be back in court on June 10 to finish the hearing on the admissibility of the evidence.