Prosecutors lose bid for criminal-organization charges against Hells Angels
VANCOUVER — A judge has ordered that prosecutors be prevented from pursuing criminal organization charges against two members of the Hells Angels.
Randy Potts and John Punko, full-patch members of the notorious motorcycle club's East End charter, were charged with production and distribution of methamphetamines for the benefit of, at the direction of, or in association with a criminal organization.
They were also charged with the lesser offences of conspiracy to traffic in methamphetamines during the RCMP's E-Pandora crackdown in July 2005.
Their lawyers went to court in a bid to stop the Crown from proceeding with the more serious, criminal organization charges.
"My decision is that the Crown is stopped from leading evidence that the East End chapter of the Hells Angels is a criminal organization," the judge said Friday. Leask said his reasons for judgment would be released at a later date.
The judge noted that the accused had previously indicated that they expected to plead guilty to the drug trafficking charges but not the criminal organization counts.
Potts, who has been out on bail, smiled after the judge gave his decision.
Outside court his lawyer, Bonnie Craig, said she would need to consult with her client on where they go from here.
Prosecutor Martha Devlin said she would need to read the reasons for judgment before deciding how to proceed.
It was the third time police and prosecutors had failed to make a criminal organization count arising from the E-Pandora investigation stick in court.
Outside court, RCMP Insp. Gary Shinkaruk said Leask's decision was "unexpected" and police and the Crown will have to meet and decide whether to appeal.
"I believe the Hells Angels still to be a criminal organization and we will continue to investigate them and bring the evidence forward that we need to."
Shinkaruk said it was particularly challenging for police to investigate long-standing criminal gangs like the Hells Angels.
"Witnesses and informants and agents have a real concern they will be found out. It's very intimidating."
In July a B.C. Supreme Court jury had convicted Punko and Potts of weapons offences but found them not guilty of committing the crimes for a criminal gang.
In front of Leask, their lawyers argued that because they were found not guilty of committing their gun offences for a criminal gang, they should not have to be tried for criminal organization counts on the drug indictment.
In the weapons case, B.C. Supreme Court Justice Selwynn Romilly sentenced Punko and Potts effectively to one day in jail, thanks to double time credit for pre-sentence custody. Punko remains in custody but Leask has released Potts on bail. A third co-accused, Ronaldo Lising, received a sentence of 30 months in prison to be served consecutively with a nine-year, three-month stretch he was serving from three other convictions.
A fourth co-accused, Jean Violette, was sentenced to six years in prison for weapons offences and extortion.
In March 2008, David Giles, also a full-patch member of the East End chapter, had a criminal organization charge against him set aside after B.C. Supreme Court Justice Anne McKenzie acquitted him on drug trafficking charges.
© Copyright (c) Canwest News Service
Source: Prosecutors lose bid for criminal-organization charges against Hells Angels
Randy Potts and John Punko, full-patch members of the notorious motorcycle club's East End charter, were charged with production and distribution of methamphetamines for the benefit of, at the direction of, or in association with a criminal organization.
They were also charged with the lesser offences of conspiracy to traffic in methamphetamines during the RCMP's E-Pandora crackdown in July 2005.
Their lawyers went to court in a bid to stop the Crown from proceeding with the more serious, criminal organization charges.
"My decision is that the Crown is stopped from leading evidence that the East End chapter of the Hells Angels is a criminal organization," the judge said Friday. Leask said his reasons for judgment would be released at a later date.
The judge noted that the accused had previously indicated that they expected to plead guilty to the drug trafficking charges but not the criminal organization counts.
Potts, who has been out on bail, smiled after the judge gave his decision.
Outside court his lawyer, Bonnie Craig, said she would need to consult with her client on where they go from here.
Prosecutor Martha Devlin said she would need to read the reasons for judgment before deciding how to proceed.
It was the third time police and prosecutors had failed to make a criminal organization count arising from the E-Pandora investigation stick in court.
Outside court, RCMP Insp. Gary Shinkaruk said Leask's decision was "unexpected" and police and the Crown will have to meet and decide whether to appeal.
"I believe the Hells Angels still to be a criminal organization and we will continue to investigate them and bring the evidence forward that we need to."
Shinkaruk said it was particularly challenging for police to investigate long-standing criminal gangs like the Hells Angels.
"Witnesses and informants and agents have a real concern they will be found out. It's very intimidating."
In July a B.C. Supreme Court jury had convicted Punko and Potts of weapons offences but found them not guilty of committing the crimes for a criminal gang.
In front of Leask, their lawyers argued that because they were found not guilty of committing their gun offences for a criminal gang, they should not have to be tried for criminal organization counts on the drug indictment.
In the weapons case, B.C. Supreme Court Justice Selwynn Romilly sentenced Punko and Potts effectively to one day in jail, thanks to double time credit for pre-sentence custody. Punko remains in custody but Leask has released Potts on bail. A third co-accused, Ronaldo Lising, received a sentence of 30 months in prison to be served consecutively with a nine-year, three-month stretch he was serving from three other convictions.
A fourth co-accused, Jean Violette, was sentenced to six years in prison for weapons offences and extortion.
In March 2008, David Giles, also a full-patch member of the East End chapter, had a criminal organization charge against him set aside after B.C. Supreme Court Justice Anne McKenzie acquitted him on drug trafficking charges.
© Copyright (c) Canwest News Service
Source: Prosecutors lose bid for criminal-organization charges against Hells Angels
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