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Vancouver man sentenced to 14 years in Australia for drug smuggling

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A Metro Vancouver man has been handed a hefty sentence down under for smuggling 29 kilograms of cocaine and pre-cursor chemicals into Australia.

Eric Lawrence, 32, was sentenced last week to 14 years and must serve a minimum eight years and five months in jail before being eligible for parole.

Lawrence was arrested last year with four kilograms of cocaine and 25 of pseudoephedrine, a chemical used in the manufacturing of methamphetamine.

Information leading to his arrest came from a lengthy joint investigation between the Combined Forces Special Enforcement Unit of B.C. and Australian Federal Police.

The law enforcement agencies teamed up in 2012 to dismantle an international criminal network involved in the importation, transportation, and distribution of drugs in both Canada and Australia.

Several suspects were arrested in both countries and large amounts of methamphetamine and cocaine were seized.

The case also overlapped with the Surete du Quebec’s Project Loquace, which led to drug importation charges against B.C. gangsters Larry Amero, Shane Maloney and Rabih Alkhalil.

Amero is a Hells Angel with the West Point chapter. Maloney, of Burnaby, is the reputed leader of Montreal’s West End gang. Alkhalil moved from Metro Vancouver to Ontario after two brothers were shot to death here.

Amero has applied for bail with a hearing resuming Oct. 1. All three are scheduled to go to trial in 2017.

 


Filed under: The Real Scoop Tagged: Australia, Breaking News, Eric Lawrence, Hells Angels Motorcycle Club, Larry Amero, Rabih Alkhalil, Shane Maloney, Surete du Quebec, Vancouver Sun, West End, West Point

Two men involved in fatal attack by Hells Angels lose appeal

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Two young men who watched the fatal beating of a Kelowna man by two Hells Angels have lost an appeal of their manslaughter convictions.
Even though Matthew McRae and Anson Schell didn’t inflict the fatal blows, they were part of the events that led to the brutal attack on Dain Phillips in June 2011, the B.C. Court of Appeal ruled Wednesday.
Phillips, 51, had tried to intervene in a dispute between his sons and McRae and his brother Daniel when the attack occurred on a road outside of Kelowna on June 12, 2011.
McRae and Schell had both argued on appeal that they were not directly involved in the assault by Norm Cocks and Rob Thomas, both full-patch Hells Angels.
The bikers pleaded guilty to manslaughter and were sentenced to 15 years in jail.
Appeal Court Justice Elizabeth Bennett summarized the horrific attack in her ruling.
“Phillips was out of the vehicle with his hands up, when Norman Cocks armed with a ball-peen hammer and Thomas armed with a baseball bat ran over to Dain Phillips and severely beat him. He died of his injuries the next morning,” she said.
Bennett dismissed the arguments of McRae and Schell and upheld their convictions.
“There was ample evidence that they formed a common intention with Cocks and Thomas to fight the Phillipses,” she said. “They armed themselves in advance. They attended with several others to the fight scene, demonstrating strength in numbers and they got out of their vehicles and started to run towards the Phillipses.”
She said the trial judge had has more than enough evidence that “the two appellants did acts that aided or abetted, that they knew Cocks and Thomas were going to commit an assault and had an objectively foreseeable risk of bodily harm and they intended to aid or abet in the commission of the assault.”
Appeal Court Justices Mary Newbury and David Tysoe agreed.

Anson Schell outside court during the trial

Anson Schell outside court during the trial

Bennett also pointed to intercepted conversations of McRae’s brother Daniel and Schell after the fatal beating where they made fun of what had happened.
“They speak callously and mockingly about Robert Thomas and Norman Cocks rushing towards Dain Phillips, aggressively confronting him about affronting the Hells Angels and beating him,” Bennett said.
In October 2014, Matthew McRae was sentenced to 31/2 years in prison and Schell received a three-year prison term. Daniel McRae was sentenced to five. He filed an appeal as well, but abandoned it last fall.

Matthew (left) and Daniel McRae, outside B.C. Supreme Court Feb. 4, 2014

Matthew (left) and Daniel McRae, outside B.C. Supreme Court Feb. 4, 2014

Read the full ruling here:


Filed under: The Real Scoop Tagged: Anson Schell, B.C. Court of Appeal, Breaking News, Criminal Trials, Dain Phillips, Daniel McRae, David Tysoe, Elizabeth Bennett, Hells Angels Motorcycle Club, Kim Bolan, manslaughter, Mary Newbury, Matthew McRae, Norman Cocks, Real Scoop, Rob Thomas, Vancouver Sun

Bikers lose bid to get Nanaimo clubhouse back pending trial

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It’s been more than eight years since the Nanaimo Hells Angels have had access to their Victoria Road clubhouse.

They were kicked out in November 2007 when the B.C. government filed a civil forfeiture suit against the biker gang, alleging that the clubhouse had been used to commit criminal offences in the past.

Last year, the director of civil forfeiture changed its strategy in the case, dropping allegations of past criminal conduct and claiming only that the clubhouse should be seized because it would be used in the future to commit crimes.

So the bikers went back to the B.C. Supreme Court judge overseeing the protracted proceedings and asked to regain access to the building pending the trial in May 2017.

Justice Barry Davies ruled this week that the preservation order disallowing biker access to the clubhouse would stay in place until the trial.

He said even though the government had changed its case over the years, the threshold to freeze property in such cases is low.

“After considering all of the remaining admissible evidence in light of the director’s present amended pleadings, I am satisfied that the director continues to meet the very low `serious issue to be tried’ threshold,” Davies said in a written ruling released Thursday.

“The remaining admissible evidence on this application continues to engage societal interests in the suppression of crime sufficient for me to conclude that no alteration of the continuing preservation order is either necessary or would be appropriate.”

Davies listed some of the evidence the government is still relying on – including observations made during a 2003 police search of the clubhouse.

“The physical layout of the Clubhouse inside and out is essentially the same as it was in December of 2003 when the Project Halo search warrant was executed by the police,” Davies noted. “Surveillance cameras are set up to allow occupants to observe the area surrounding the clubhouse, and the main doors are heavily constructed. There were two baseball bats hanging on the wall inside the entrance, but no other evidence of baseball equipment.”

He referred to the “tortured history of this litigation” with both sides making repeated applications related to the pleadings and evidence over the years.

Five years into the Nanaimo case, the government filed “virtually identical proceedings seeking the forfeiture of the Vancouver East End Hells Angels Clubhouse and the Kelowna Hells Angels Clubhouse,” Davies noted.

Then the Hells Angels filed their own counterclaim in October 2013, seeking to have the B.C. Civil Forfeiture Act declared unconstitutional.

read the full ruling:


Filed under: The Real Scoop Tagged: B.C. Supreme Court, Barry Davies, Breaking News, Director of Civil Forfeiture, Hells Angels Motorcycle Club, Kim Bolan, Real Scoop, Vancouver East, Vancouver Sun

Port Metro Vancouver cuts police funding

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A specialized police unit that investigates crime on the waterfront will be cut by almost a third after Port Metro Vancouver axed $400,000 a year of its funding.

The cut takes effect Jan. 1, meaning the RCMP-led National Port Enforcement Team will be reduced from 13 to nine officers, Sgt. Annie Linteau confirmed Wednesday.

The funding cut comes just months after a Vancouver Sun investigation revealed that at least 27 Hells Angels, associates, criminals and other gangsters work as longshoremen on the Port Metro Vancouver docks. The Sun also obtained government and police documents that show an unaddressed organized-crime problem on the waterfront dating back more than 20 years.

Police told the Sun that organized crime maintains its foothold on the waterfront for strategic purposes — so drugs and other contraband can be smuggled in some of the more than 1.5 million containers that pass through the four container terminals at Port Metro Vancouver every year.

Just over three per cent of the containers arriving here are screened by the Canada Border Services Agency.

Port Metro Vancouver vice-president Peter Xotta said the decision was made to cut the funding because policing is not part of his agency’s mandate.

“As you know we don’t have direct legislative authority around policing on the waterfront,” Xotta told The Vancouver Sun.

He said the port has invested in all kinds of technology to improve security at all its terminals, including 600 cameras, access gates, patrol boats and a high-tech operations centre.

“We felt that because there’s ongoing need to continue with those investments, it was no longer appropriate for us to fund something that is outside of our mandate. So we are transitioning our funding from supporting this particular initiative financially to those other endeavours,” Xotta said.

He said Port Metro has paid the $400,000 annually to the policing unit since 1997.

“We recognize this creates a funding issue for the RCMP and we are sympathetic to that but we have to focus on what our mandate is,” he said. “We have committed well over $10 million to increasing security at the port over the past number of years.”

Linteau said Port Metro’s contribution has covered the cost of two municipal police officers seconded to the team, as well as two of its RCMP members.

“We respect Port Metro Vancouver’s decision to dedicate these funds to other security and operational priorities and we will continue to work closely with our law enforcement partners,” she said.

“While we are currently assessing what impact this decision will have on RCMP operations at the port, we will continue to prioritize our efforts and continue to advance our mandate in the ports.”

NDP MLA Kathy Corrigan said to cut policing at the port now is “really wrong-headed.”

“It seems to me that it’s the worst time to be cutting back on security and policing at our ports at a time when we are particularly concerned about gun violence, gang violence and drugs,” said Corrigan, who represents Burnaby-Deer Lake. “That is reflected in places like Surrey where basically we’ve had a shooting a week this last year.”

Corrigan said the B.C. government “has not done a good job about pressing hard for British Columbians’ interest on this.”

Delta Mayor Lois Jackson said she is concerned about Port Metro’s decision to cut the cash and has asked municipal staff to look into the situation.

“We have to make sure that due diligence has been performed. We will be looking at this very closely and speaking to the powers that be,” Jackson said. “It’s really concerning to have an asset like we have there, which is vulnerable. They may not think it is, but everything is vulnerable.”

Justice Minister Suzanne Anton said in an emailed statement that she had been notified of the funding cut.

“I understand that RCMP’s federal resources remain in place within the RCMP’s National Port Enforcement Team and we anticipate the federal team will continue to provide appropriate policing services to maintain security for B.C.,” she said.

kbolan@vancouversun.com

blog: vancouversun.com/therealscoop

twitter.com/kbolan

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Ian Mulgrew: Terror couple offered life that mirrored their make-believe reality

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Predators or prey?

After four months in front of a B.C. Supreme Court jury, the trial of the Surrey couple found guilty of terrorism in connection with the 2013 Canada Day plot begins a new phase.

In proceedings expected to last all of July, the wannabe Boston Marathon bombers — John Nuttall, 40, and Amanda Korody, 32 — hope to avoid lengthy prison terms by arguing police entrapped them.

Crown prosecutor Peter Eccles, who participated in one of the leading cases on entrapment involving a Granville Mall buy-and-bust drug operation, insisted this investigation is above reproach.

“This was a standard undercover operation using standard techniques,” Eccles said, “the same techniques used investigating a drug transaction, the same techniques they would use going after the Hells Angels. They were tried and tested undercover techniques.”

Still, lawyers for the pair will put the 240-officer RCMP sting under a microscope and say the sophisticated five-month operation was an abuse of process.

They claim the Mounties manufactured the crime, taking advantage of two patsies.

Justice Catherine Bruce must decide whether to stay Tuesday’s guilty verdicts for planting pressure-cooker devices at the legislature because of police misconduct.

Judicial concern about entrapment arose in the 1970s and 1980s because of police conduct while waging the war on drugs. The key case involved a 1983 B.C. drug deal in which an addict was pressured by an undercover agent to sell cocaine.

The high court said in its 1988 ruling that police had substantial leeway investigating drug trafficking because of its insidious nature and pernicious social consequences, but they could provide only an opportunity for someone to commit a crime, not entice, prod or pressure them into it.

Last year, the top bench, in ruling on Mr. Big investigations (which are designed to produce confessions from murder suspects) also cautioned judges about elaborate undercover scenarios that run the risk of becoming abusive when officers provide targets with inducements — especially when the suspects are naive or mentally challenged.

Still, dangerous or duped is a good question considering this duo’s vulnerabilities: Their circumstances were squalid.

Nuttall and Korody were invisible, not in the bandage-wrapped, horror-film sense of the word, but invisible in that the welfare-and-methadone dependent pair was missing from the group photograph of ordinary Canadians. They were socially and culturally out of the picture.

The closer you examine the revelations and the rhetoric of the trial, the more it dawns that neither Nuttall nor Korody was particularly political, ideological or religious.

They were badly confused and frustrated, their inner life more akin to a video-game consciousness, a world view peopled with angels and Djinns.

It wasn’t just the Mounties who were acting in the imaginary, RCMP-directed tragicomedy.

Nuttall and Korody were role-playing, too — intoxicated with themselves, enthusiastically participating in the Islamic-extremist ruse because it gave their lives significance: They were lonely losers no longer.

Their solitude was immense — recovering heroin junkies living in a Surrey basement suite with the curtains perpetually drawn.

They hardly ever went out, had few if any close friends, played video war games hour after hour to pass the time or occasionally engaged in mock paintball battles.

Police offered them a life that mirrored their own make-believe, Internet-fuelled reality, full of Rambo-style adventure.

They were so alienated from mainstream Canada they were more than willing to commit mass murder to restore a medieval Muslim caliphate.

What transformed two aimless, searching misfits into eager recruits for virulent Islamic extremism? Half the time they couldn’t remember the difference between a Sunni and Shiite, halal or haram.

This couple didn’t appear to be psychopaths; they worried about what would happen to their cat if they were killed and stiffing the landlord for the rent. They had feelings and a conscience.

But they were in despair, tormented by failure — drifting from Christianity to Satanism, from witchcraft to an alien-inspired cult, before stumbling, literally, upon Islam while drunk — he in his punk camouflage outfit, she in a halter-top and miniskirt.

Still, after less than 18 months, what sobered them up and impelled them to plan mass murder for Allah instead of seeking the next street party?

The rationale they recorded in a “shaheed” video to explain their death after a massacre, hopefully on the scale of 9/11, is an off-the-cuff skit — two nobodies filled to the brim with their own ego, dysfunctional, dissocial narcissists in Muslim costumes.

They didn’t take the stand and nothing the Crown offered truly explains why two British Columbians embraced a plan to commit grotesque slaughter.

Their lawyers hope to establish the RCMP made them do it.

Given the findings of the 12 jurors, I think, that’s a tough sell.

It is difficult to empathize with these two.

Lots of people have difficult childhoods, end up on the street and find salvation in religious faith without becoming terrorists.

In the landmark 1988 entrapment case, police conduct crossed the line, the court said, and under the circumstances the addict did what any ordinary Canadian might have done.

Nuttall and Korody don’t appear to fall into that category.

They were damaged invisible nobodies, or as they put it themselves, ghosts — people who thought they could only establish an identity through violence.

Ironically, they have managed to achieve infamy. Luckily, there were no victims, save perhaps themselves.

imulgrew@vancouversun.com

Ian Mulgrew: Nothing confusing about marijuana laws

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A generation after Canada’s first medical cannabis dispensary opened in Vancouver in 1997, city council and police are scrambling to regulate the business as if taken by surprise.

City Manager Penny Ballem says Ottawa has created “greyness and confusion,” sounding incredulous that there is a pot precinct downtown and more cannabis cafés on corners than Tim Hortons.

Where has she been?

The federal government has never been clearer about the demonized weed and has used the plant to draw a hardline for the fall election between it and Liberal leader Justin Trudeau.

Federal Health Minister Rona Ambrose is unequivocal in the current Reefer Madness-like TV campaign that warns marijuana fries teenage brains, provides no provable medical benefit and is most definitely illegal.

The law only looks “grey” if you’re standing in sideways West Coast rain or a cloud of 21st century, high potency Purple Kush, certainly not your grandfather’s grass.

Ottawa overhauled the medical cannabis program a year ago and the public prosecution office stridently asserts the right to cut down every last plant under personal cultivation.

The new rules created a free-market regime with approved, high-security corporate producers, catalogue shopping, secure home delivery and public companies shilling shares and stock.

The massive reform was a response to municipalities across the nation loudly whining about neighbourhood grow operations and the supposed hazards caused by home cultivation.

Free-standing clinics, compassion clubs, pot dispensaries, smoke shops, hash houses, marijuana cafés, call them what you will, they were not part of the old scheme and are not part of the new.

They were not and are not legal in Canada — and that’s the black-and-white truth. Get over it.

Ballem should drop the hypocrisy and the disingenuous naiveté — there are reasons dispensaries popping up like mushrooms isn’t an issue elsewhere. And it isn’t our rain.

For nearly 20 years, this city has thumbed its nose at the law in the rest of Canada while profiting from a reputation as Vansterdam on the Pacific.

In 2004, then-Mayor-now-Senator Larry Campbell (who wanted to tax and regulate marijuana) and the cops shut down the mega-successful Da Kine café to emphasize discretion was an essential element of the laissez-faire city policy toward pot.

The international news coverage about the shop and lineups down the street embarrassed the good burghers who wanted liberal tourism but no overt boasting or profit-making that called attention to the thriving underground economy.

Not surprisingly, when Da Kine owner Don Briere got out of jail he returned to the lucrative illegal business and now is a major player in the current green rush.

And in June 2012 The Vancouver Sun pointed it out with a big story and picture pointing out this booming illegal business.

We haven’t seen the same exponential growth in marijuana dispensaries in other cities because they have not tolerated them in this way.

Similarly, because B.C. was the prime Canadian producer of pot for the U.S., the province’s guerrilla gardeners have had to find another market given the surplus created by the advent of legalization in two states and medical production in two dozen others.

The appearance of more than 80 dispensaries in Vancouver in the last two years is a direct result of the collapse of the U.S. black market.

Yet Police Chief Jim Chu’s minions issued an edict last year that essentially said unless you were dealing to kids or wearing Hells Angels colours you were free to sell pot.

I’d like to see him defend that if, as widely surmised, he runs for the Conservatives in the next election.

More than that, I’d like to hear him explain how you can buy marijuana wholesale without dealing with criminals or gangsters?

The Dutch decriminalization model has always suffered from this flaw — permitted pot cafés make consumers happy, but the owners deal with crooks so society continues to deal with pernicious results.

There is no legal supply chain for any of these outlets in Vancouver. None.

In spite of Ballem’s professed confusion and the benign police policy, the civic authorities know this.

They now are proposing a regulation without so much as a phone call to those in the business.

The outrageous fees, the wrong-headed ban on edibles and derivatives, the sudden haste, all are big flags the proposal was thrown together without serious thought.

This city has the most experience and the longest history of dealing with widespread open marijuana use and its retail sale; it should take advantage of that.

Vancouver’s politicians, civic staff and police should be using the insight gained over the last 20 years to lead an honest, evidence-based discussion.

Instead, the vapid comments and the badly framed approach leaves me wondering what they are smoking.

imulgrew@vancouversun.com

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Two men involved in fatal Kelowna beating by Hells Angels lose appeal

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Two young men who watched the fatal beating of a Kelowna man by two Hells Angels have lost an appeal of their manslaughter convictions.

Even though Matthew McRae and Anson Schell didn’t inflict the fatal blows, they were part of the events that led to the brutal attack on Dain Phillips in June 2011, the B.C. Court of Appeal ruled Wednesday.

Phillips, 51, had tried to intervene in a dispute between his sons and McRae and his brother Daniel when the attack occurred on a road outside of Kelowna on June 12, 2011.

McRae and Schell had both argued on appeal that they were not directly involved in the assault by Norm Cocks and Rob Thomas, both full-patch Hells Angels.

The bikers pleaded guilty to manslaughter and were sentenced to 15 years in jail.

Appeal Court Justice Elizabeth Bennett summarized the horrific attack in her ruling.

"Phillips was out of the vehicle with his hands up, when Norman Cocks armed with a ball-peen hammer and Thomas armed with a baseball bat ran over to Dain Phillips and severely beat him. He died of his injuries the next morning," she said.

Bennett dismissed the arguments of McRae and Schell and upheld their convictions.

"There was ample evidence that they formed a common intention with Cocks and Thomas to fight the Phillipses," she said. "They armed themselves in advance. They attended with several others to the fight scene, demonstrating strength in numbers and they got out of their vehicles and started to run towards the Phillipses."

She said the trial judge had more than enough evidence that "the two appellants did acts that aided or abetted, that they knew Cocks and Thomas were going to commit an assault and had an objectively foreseeable risk of bodily harm and they intended to aid or abet in the commission of the assault."

Appeal Court Justices Mary Newbury and David Tysoe agreed.

Bennett also pointed to intercepted conversations of McRae’s brother Daniel and Schell after the fatal beating where they made fun of what had happened.

"They speak callously and mockingly about Robert Thomas and Norman Cocks rushing towards Dain Phillips, aggressively confronting him about affronting the Hells Angels and beating him," Bennett said.

In October 2014, Matthew McRae was sentenced to 31/2 years in prison and Schell received a three-year prison term. Daniel McRae was sentenced to five. He filed an appeal as well, but abandoned it last fall.

kbolan@vancouversun.com

blog: vancouversun.com/therealscoop

twitter.com/kbolan

Read the full ruling here: http://www.courts.gov.bc.ca/jdb-txt/ca/16/00/2016BCCA0019.htm

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The revolution that never was: Author details her life with Communist cult in 1970s and ’80s

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During the last century, from about the mid-1960s to the early ’80s, revolution was in the air.

Cultural and political norms around the globe were experiencing a shakeup and, in the West, the civil rights, antiwar and free speech movements were all gaining momentum, as were feminism and gay rights. Thousands of young people, rebelling against the “button-down” way of life of their postwar parents, joined causes, became activists, and went “back to the land” in a wholesale challenge of mainstream social and political ideals. The cultural landscape was changing fast and the gentle, dope-smoking hippie emerged as one of the dominant symbols of the era.

It wasn’t all peace and love, however.

There were also a number of underground political organizations forming in the U.S. and attracting fledgling young revolutionaries committed to changing the world. The Weathermen (1969-77), with their aim of overthrowing the U.S. government, and the Symbionese Liberation Army (1973-75) with the infamous Patty Hearst caper, were two examples.

In the late ’70s, the Communist Party USA (Provisional Wing) was formed as an offshoot of the anti-poverty group, the National Labour Federation. A left-wing cult, its leader was a former disc jockey and con man from California named Gerald Doeden. By then he had changed his name to Eugenio Maria Perente-Ramos and it is Perente-Ramos, or the Old Man as he was called by his followers, that is the main subject of first-time author Sonja Larsen’s memoir, Red Star Tattoo.

Larsen was a true child of the era. Infrequently schooled, she lived in communes in the U.S. and Canada with a continually changing band of hippies. The younger of two daughters, her separated parents were seldom around to guide or nurture her. Her father was a drug dealer in Montreal and her mother, a committed Communist, lived mostly in California. Larsen’s older sister fled communal life when she was 15.

Growing up, Larsen was given an excess of freedom and was even used, at nine years of age, as a hitchhiking ploy for commune members because people would stop for a child holding a teddy bear. During this time she endured the horrific murder of her teenage cousin, Dana, and her own sexual molestation by her mother’s boyfriend, Karl. Her 13th birthday was spent as a “comrade in arms” in California handing out leaflets about the revolution with her mother.

“Choice,” she writes, “was what our parents gave us when they had nothing else to give, not protection, not sympathy.”

Though slow to begin and written with a narrative style that is, at times, flat in tone, Larsen’s memoir eventually engages. If you’ve ever wondered what it’s like to be a brainwashed devotee of a mad charismatic leader, look no further. At 16, Larsen became the youngest full member of the Communist Party USA (Provisional Wing) and was living in her leader’s command post in Brooklyn. By 17 she was one of his many lovers. The revolution, he proclaimed, would happen on Feb. 18, 1984.

Perente-Ramos’s activities included giving lectures to volunteers about the writings of Marx, Lenin and Stalin. The volunteers, all with a common hunger for a better world, were, as Larsen tells us, “the bent, the damaged, the scarred … Fresh from jail, runaways, or just rundown, people joined and left every month.”

Larsen stayed. Though unpredictable in his attentions to her, she believed Perente-Ramos had a deep interest in her life, something she had never experienced from another person. She stayed with him and the movement as well, because once rudderless, she now “had a reason to get up in the morning … This revolutionary life I had been on the edge of since I was a child now had a place for me.”

The first time she saw Perente-Ramos, “he was wearing aviator glasses, a Hells Angels biker vest and a black T-shirt that claimed he was the ‘meanest motherf–ker in the valley.’” This boast proved to be true as Larsen unflinchingly chronicles the physical and sexual abuse he inflicted both on her and other female volunteers. Perente-Ramos controlled people with a mix of hyperbolic idealism, fear and guilt, heavy workload, poor food, and sleep deprivation, the classic modus operandi of messianic cult leaders.

Feb. 18, 1984, came and went. “We didn’t win. Nothing happened,” Larsen tells us. She was 19 by then and, disillusioned by the movement’s failure, drifted away. In the years since, she has struggled to make sense of those times. The result is Red Star Tattoo, an insightful and moving memoir.

Sonja Larsen will be appearing at the Vancouver Writers Festival’s Incite on Feb. 3at 7 p.m. at the Central Library, 350 W. Georgia St.

M.A.C. Farrant’s new book, The Days, will appear from Talon in the fall.


VIFF: Beeba Boys goes gangland style

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Beeba Boys

Sept. 27, 6:15 p.m. and Sept. 29, 3 p.m. | Centre for Performing Arts

Tickets and info: viff.org

Watching Beeba Boys, you could be led to believe that the streets of Vancouver are criss-crossed by fast-talking Indo-Canadian gangsters sporting snazzy tailored suits, driving the latest sports cars and brandishing shiny weapons willy nilly.

The latest film by Academy Award-nominated director Deepa Mehta paints a Scorsese-inspired and Tarantino-esque portrait of the recurring crime stories you read in the pages of this very paper or that you see in flashy sound bites on the nightly news in B.C.

Beeba Boys tells the story of Jeet Johar (played by Bollywood star Randeep Hooda), the leader of the movie’s eponymous stylish gang (meaning “the good boys”). He rules his territory with a fist full of chrome, battling with a rival gang for supremacy over the drugs and weapons trade.

During the course of the story he gets involved with a juror from his trial, Katya Drobot (played by Sarah Allen), and the movie spirals into a series of confrontations with rival gangsters and the police, with a special appearance by Paul Gross as a particularly distasteful crime associate.

If this sounds a bit familiar — say, like the tale of famed ’90s gangster Bindy Johal and his romantic interest Gillian Guess, as well as the involvement of then VPD commanding officer Kash Heed — it’s because it is.

Mehta is quick to say the parallels between Beeba Boys and the real-life events that inspired the film are many.

“It’s not inspired by just one story — Beeba Boys is an amalgamation of true events and true characters,” Mehta said. “Jeet is not inspired solely by Bindy Johal. I’m glad I’m talking to The Vancouver Sun and I can say this once and for all: This is not Bindy Johal’s story.

“It’s definitely set in Vancouver with what started in the ’80s. What I read (to inspire the film) was one of your amazing reporters Kim Bolan’s stories, which I first read in the late ’90s. Once I started researching it — she’s followed Indo-Canadian Sikh gangsters for the last 20 years — I was so shocked.

“It’s a very Vancouver story,” she added. “And in a way it’s fascinating to find something that’s so particular in Canada, actually.”

Beeba Boys is ultraviolent, hyper-vulgar, and it takes no prisoners. It’s also about being an immigrant and wanting to be accepted and respected, and it immerses the viewer into Indo-Sikh culture.

But does Beeba Boys glamorize or sensationalize a very real and very dangerous lifestyle that has been adopted by a small section of the Indo-Canadian population in the Vancouver area?

“Every gang movie has a style,” Mehta said. “You look at Casino, for example, or the films of Coppola. Everything is very stylized. It’s interesting: No white community will give the opportunity for any immigrant to be stylized. Then it becomes sensational. Why are we all right with white people being stylized and stylish, and why do we get uncomfortable when brown people are?

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“The whole point of the film in many ways is, ‘How do we belong?’” Mehta added. “Jeet says, ‘If you want to be seen, then want to be seen.’ They want to be accepted and they aren’t respected. Crime doesn’t pay — that’s the moral of the story. But if you want to be seen, you have to commit to being seen.

“Every brotherhood has a way of expressing who they are, to show that they are a brotherhood — whether they’re gang members or they belong to a club or they work in a bank.”

Mehta, most famous for her “Elements Trilogy” — Fire (1996), Earth (1998) and Water (2005) — and for working with Salman Rushdie on Midnight’s Children (2012), said her love of gangster movies goes deep. There’s Scorsese and Coppola and Tarantino in the mix, evidently, but she also mentioned the films of Japanese director Seijun Suzuki, whose work from the 1960s helped inform the style of Beeba Boys.

“Suzuki did four really stylized yakuza films in Tokyo, which really rooted the gangs in a form which I’d never seen before.

“Every gangster story is essentially the same when you look at it: It’s about a hunger for power, to be recognized. There’s an ascendancy and a descendency. That’s every film, whether it’s Goodfellas or The Godfather or Scarface.”

Mehta’s choice to keep the story located in Vancouver for the purpose of the film was essential, she said. There was no way the story would have worked in any other city, as the settings, the people and the style of the film had everything to do with the Vancouver area.

In fact, she presented the film for members of the Indo-Canadian community here, including Kash Heed and Ujjal Dosanjh, before the film was selected to screen at the Toronto and Vancouver International Film Festivals.

“(Heed) said he was ‘really happy,’” Mehta said. “It’s difficult for a community to see even an aspect of oneself in perhaps a negative light. It’s difficult. We come to a country, we want to be embraced, we want to be loved and accepted. We don’t want anything negative said about us — that’s the first instinct of anybody: To want to belong.

“It’s important we talk about it. Everybody has a negative side. It’s not just Indo-Canadians. It’s Italian-Canadians, the Somalians, the Irish, the Hells Angels — the strongest white gang in Vancouver; it’s the Triads, the yakuza. It’s every community. As a community we hold a responsibility to our youth. Look at the grieving mothers, the orphans. We should do something about it. And if we can’t talk about it then we aren’t being responsible Canadians.”

fmarchand@vancouversun.com

twitter.com/FMarchandVS

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Ontario Hells Angel busted by Vancouver police

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VANCOUVER — A B.C. man who is now a member of the elite Nomads chapter of the Ontario Hells Angels has been arrested in B.C.

Damion Ryan was out on bail on drug and weapons charges filed in the Ottawa area when he was picked up by Vancouver police on Jan. 29.

“Damion was arrested for an outstanding warrant in the 1400-block of Commercial Drive around midnight on Friday,” Sgt. Randy Fincham said. He appeared in Vancouver provincial court Tuesday where Judge Gregory Rideout ordered his release on $10,000 bail.

Rideout heard that Ryan had alerted his bail supervisor in Ontario that he was headed to B.C. for Christmas.

On Jan. 16, Vancouver Police were called to the Penthouse strip club to investigate a fight that started inside but spilled out onto the street. When police reviewed security footage from the club, they allege they spotted Ryan violating his Ontario bail conditions by drinking alcohol and using a cellphone. That led to the warrant and his arrest.

Undercover biker cops were in the courtroom for his brief appearance.

Ryan must check in regularly with Vancouver police while on bail here, plus provide an address and remain at it between midnight and 6 a.m. daily. He is due back before a Vancouver judge Feb. 10.

Ryan recently posted his condolences on the Facebook page of his friend Yonatan (JK) Kassa, who was gunned down in Port Coquitlam Jan. 22. “#RIP to my little homie I’ve never been so sad to have gotten the news I just got today… RIP Jon "jk",” said Ryan.

Ryan, 35, was associated with the so-called Wolf Pack alliance while he was in Metro Vancouver. It consisted of some Independent Soldiers’ gangsters, some members of the Red Scorpion gang and some Hells Angels.

The alliance was locked in a bloody gang war that resulted in the slayings of several high-profile gangsters including Red Scorpion Jonathan Bacon, Sandip Duhre and brothers Gurmit and Sukh Dhak.

Ryan’s name surfaced last year in a B.C. Supreme Court ruling in a gun case involving his associate Dean Wiwchar, who’s a suspect in the 2012 Duhre murder.

Police saw Ryan, Wiwchar and another man driving around a Burnaby neighbourhood where investigators believed they were hunting for someone. Ryan then accompanied Wiwchar and his co-accused Philip Juan Ley, to Mexico on April 18, 2012, the ruling said.

Ryan faced dozens of firearms charges in B.C. that were thrown out by a provincial court judge in Vancouver four years ago.

His lawyer successfully argued that the RCMP violated his Charter rights when they forcibly entered his Burnaby basement suite after shots were fired outside.

The judge said three handguns and an AK-47 were not in “plain view” and that the police improperly searched the suite, finding two guns behind a stuffed animal and assault rifle under a mattress.

Ryan was wounded in a gangland shooting at an Oak Street restaurant in Vancouver on Dec. 12, 2010. Ten people were injured in the unprecedented shootout, which Vancouver police said at the time was in retaliation for the Oct. 16, 2010 assassination of Gurmit Singh Dhak at Burnaby’s Metrotown Mall.

Ryan was sentenced to five years in 2005 in connection with a violent home invasion involving a marijuana-growing operation.

kbolan@vancouversun.com

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twitter.com/kbolan

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Vancouver murder victim pleaded with killers to 'hold on'

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METRO VANCOUVER — Before Rajinder Soomel was shot to death in the middle of Cambie Street six years ago, he shouted at his killers to “hold on, hold on, hold on,” a Crown prosecutor told B.C. Supreme Court Tuesday.

Michael Barrenger outlined the Crown’s case against Kevin James Jones and Colin Victor Stewart, charged with first-degree murder in Soomel’s fatal Sept. 29, 2009 shooting.

“I anticipate that a witness who saw the shooting, who was located close to it, will testify that Raj Soomel, before he was shot, said: ‘hold on, hold on, hold on,’” Barrenger said.

“Eight bullets were fired into Raj Soomel. The bullets pierced his head, his chest and his abdomen. Raj Soomel collapsed in the road dead just south of the intersection at Cambie and 19th.”

Barrenger explained to jurors that his opening statement is not evidence, but a summary of the evidence the Crown expects to call during the trial at the Vancouver Law Courts.

He said other witnesses saw Soomel’s killers, wearing dark hoodies, chase him across Cambie after he stopped to get food at a local pizza joint.

And he expects witnesses to tell the trial they saw the two killers get into a grey or silver getaway car near the Starbucks metres from where Soomel collapsed.

Barrenger said police found a trail of evidence linked by DNA to Jones and Stewart that appeared to have been thrown from the vehicle as it raced away.

Police found a gun in the alley east of Cambie between 19th and 20th.

“That gun is one of the two guns used to shoot and kill Raj Soomel,” Barrenger said.

Closer to 20th, a pair of Remington Camoflauge gloves were located. Then a block away at 20th and Yukon, police found “the other gun used to murder Raj Soomel,” Barrenger said.

About three blocks away in the 4000-block of Yukon, police found another pair of gloves, a black hoodie and a bandana.

“DNA on three of those items came back to Colin Stewart. And DNA on two of those items cam back to Kevin Jones,” Barrenger said.

Soomel was gunned down about two blocks from the Dick Bell-Irving halfway house where he had been staying since August 2009.

Barrenger said staff at the halfway house noticed suspicious activity in the days before the slaying.

Cars were seen driving back and forth in front of the house just west of Cambie on 21st.

And there were phone calls made to the facility, including one that was traced to Jones’s girlfriend.

The suspicious incidents started after another South Asian prisoner named Randy Naicker was paroled to the halfway house on Sept. 24, 2009, Barrenger said.

Soomel left the halfway house just after 10 p.m. on the night he was killed. A staff member mistakenly wrote in his log that Naicker had gone out to the store, Barrenger said.

“Within minutes, two men armed with guns with their faces partly concealed burst into DBI. One of them screamed at him: ‘Where’s Randy? Where’s Randy?’”

A gun was pointed at the worker’s head.

“You will also hear his recollection that he was struck in the head with the gun, injuring him,” Barrenger said.

The worker told the gunmen that Naicker had gone to the store.

“The two armed men then left.”

Barrenger said that at the time of the murder, Jones was living in a halfway house in downtown Vancouver. He signed out before the slaying and returned about 20 minutes afterwards.

And Stewart was living in Coquitlam with a man named Jesse Adkins, who Barrenger suggested had a role in the murder though has never been charged.

"You will hear about Jesse Adkins in this trial," he said. "You will hear that Jesse Adkins has not been seen in years and can’t be located."

Both Stewart and Jones have pleaded not guilty.

The trial is expected to last eight weeks.

kbolan@vancouversun.com

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Hells Angels associate abandons sentence appeal in manslaughter case

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A Hells Angels associate who was convicted in the manslaughter of a Kelowna man has abandoned an appeal of his jail sentence.

In October 2014, B.C. Supreme Court Justice Mark McEwan sentenced Anson Schell to three years in prison for his role in the fatal beating of Dain Phillips, 51, in 2011.

Schell had an appeal of his conviction dismissed in January and on Wednesday, Crown counsel John Gordon told a B.C. Court of Appeal judge that Schell had dropped his sentence appeal.

Phillips was severely beaten by men wielding baseball bats and hammers, and left bleeding in the middle of a road. He never regained consciousness and was later taken off life support.

Norman Cocks and Robert Thomas, two members of the Hells Angels, pleaded guilty to manslaughter and received 15-year jail terms. They admitted they wielded the weapons during the fatal assault.

Four others — brothers Daniel and Matthew McRae, Schell and Robert Cocks, the father of Norman Cocks — were also charged and went to trial.

In July 2014, the McRae brothers and Schell were found to have aided and abetted the attack and were convicted of manslaughter. Robert Cocks was acquitted.

The McRaes and Schell launched appeals of their conviction but Daniel McRae later abandoned his appeal.

Matthew McRae’s conviction appeal was also dismissed in January. He is appealing his 3 1/2-year sentence.

The slaying happened following a petty dispute between the McRae brothers and the two sons of the victim, Kaylin and Kody Phillips. The killing was preceded by a number of incidents, including one in which Norman Cocks and Daniel McRae confronted Kody Phillips, with Cocks punching Phillips in the head.

kfraser@postmedia.com

twitter.com/keithrfraser

 

Hells Angels won't call witnesses in their defence

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Two Hells Angels and three of their associates have decided not to call witnesses or evidence in their defence in a massive cocaine conspiracy case in B.C. Supreme Court.

Lawyers for Hells Angels David Giles and Brian Oldham and associates James Howard, Shawn Womacks and Michael Read all told Justice Carol Ross Monday that they will not be calling evidence.

Federal prosecutor Chris Greenwood entered a final exhibit in the trial that began in February, before closing the Crown’s case against the five men Monday.

Lawyer Paul Gill, who is representing Giles, told the court he hoped to get the Crown’s agreement to enter an excerpt from an intercepted March 2012 conversation between undercover police officers and their targets.

And Oldham’s lawyer Robert DeBou said he also wants one intercepted call between his client and Giles entered as evidence. The call was made on Aug. 24, the day before the bikers and associates were arrested by the RCMP.

In it, the two Hells Angels discussed attending a Metallica concert the following day, DeBou said.

Closing arguments in the case will begin with the Crown on June 20, Ross said.

They are expected to last two to three weeks.

The key evidence in the Crown’s case was intercepted calls, conversations, videos and electronic messages captured during a 2011 and 2012 RCMP reverse sting.

Undercover officers, posing as South American drug traffickers, also testified for weeks at the trial about the fake deal they set up with the accused for half a tonne of cocaine.

The reverse sting involved meetings in Vancouver, Montreal, Mexico City and Panama, the trial heard.

Police seized almost $4 million that was paid in two instalments as a down payment for the cocaine.

Greenwood said the money came from Hells Angels associate Kevin Van Kalkeren, who has pleaded guilty to one count of conspiracy to import cocaine.

The Osoyoos man was in court last week for his sentencing hearing.

Ross will rule on the term he’ll serve on May 27.

Two other associates also pleaded guilty before the trial of Giles, Oldham, Howard, Read and Womacks began.

Murray Trekofski and Orhan Saydam had lesser roles in the conspiracy, Ross said in her decision on sentencing.

Saydam, who pleaded guilty to possession for the purpose of trafficking in 2014, admitted that he provided counter surveillance on Aug. 25, 2012 “during the delivery of 200 kilograms of cocaine” to a Burnaby warehouse. He was sentenced to three years.

Trekofski, his childhood friend, also pleaded guilty to possession for the purpose of trafficking and possession of a loaded prohibited firearm. He was sentenced to eight years.

kbolan@postmedia.com

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Hells Angel associate sentenced for role in cocaine conspiracy

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A Hells Angel associate who played a central role in a massive cocaine conspiracy has gotten a break on sentencing after a judge concluded he had endured “particularly harsh” conditions in pre-trial custody.

The Crown and defence had made a joint submission that Kevin Van Kalkeren, one of eight men arrested following a reverse sting RCMP operation, should receive an 18-year jail term for being a directing mind in the conspiracy.

But in imposing sentence on Van Kalkeren on Friday, B.C. Supreme Court Justice Carol Ross made the unusual decision to depart from the joint submission.

The judge cited the conditions Van Kalkeren had been subjected to while being held in separate confinement at North Fraser Pretrial Centre since his arrest in August 2012 and found those conditions amounted to a mitigating factor on sentencing.

She said the lengthy duration of Van Kalkeren’s time in remand, his social isolation, lack of access to exercise facilities and lack of privacy amounted to particularly harsh conditions. And she noted that he suffered from depression at the time of his arrest and that his symptoms had worsened over time.

“In my view, particularly in light of the circumstances of Mr. Van Kalkeren’s custody in remand, 18 years is not a fit sentence,” the judge said Friday.

“I have concluded, Mr. Van Kalkeren, that a fit sentence in all the circumstances is 16 years.”

In January, the 47-year-old father of two became the third accused to enter a guilty plea, in his case a plea to one count of conspiracy to import cocaine.

The judge found that Van Kalkeren played a leading role when he met undercover police officers posing as members of a South American drug cartel.

After a series of meetings with undercover cops, including meetings in Mexico and Panama City, a reverse sting sale of 500 kilograms of cocaine at a price of $14.8 million was negotiated.

Van Kalkeren provided at least some of nearly $4 million in cash that was paid to the undercover cops in exchange for 200 kilograms of what was purported to be cocaine. An additional 300 kilograms of the drug were to be provided later, fronted at a price of $10.8 million.

The judge said the aggravating factors on sentencing included the nature and quantity of the drugs involved and that Van Kalkeren intended it to be the first in a series of transactions.

“Mr. Van Kalkeren occupied a central role. He had the first contact with the undercover officers and initiated negotiations. He played a leading role in the negotiations that followed.

“He was a decision maker with respect to all of the terms of the agreement.”

After receiving credit for pre-sentence custody, Van Kalkeren has 10 years and 4 1/2 months of prison time remaining. He will be eligible to apply for day parole after about three years and full parole after about 3 1/2 years in prison.

The Crown argued that the circumstances of the case called for an order that Van Kalkeren serve half of his jail term before being eligible to apply for parole but the judge declined to make that order.

Two of his co-accused — Murray Trekofski and Orhan Saydam — previously entered guilty pleas. Trekofski, who was not one of the principal conspirators, received a sentence of eight years in prison following a Crown appeal while Saydam was sentenced to three years in prison.

Final submissions by Crown and defence in the trial of the five remaining accused — David Giles, vice-president of the Kelowna chapter of the Hells Angels, Hells Angel sergeant at arms Brian Oldham, and Hells Angels associates James Howard, Michael Read and Shawn Womacks — are scheduled for June.

kfraser@postmedia.com

twitter.com/keithrfraser

 

 

Slain Vancouver gangster had recent links to Wolf Pack gang alliance

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A former Vancouver gangster who was gunned down in Toronto had been involved in the Wolf Pack gang alliance, sources said Wednesday.

Sukhvir Singh Deo, 34, was shot to death just before 3 p.m. local time near the busy intersection of Yonge and Eglinton.

Toronto police still have not released his name, but the Sun confirmed his identity with his family and with police in B.C.

When Deo lived in Metro Vancouver, he was aligned with the Independent Soldiers gang, Staff Sgt. Lindsey Houghton of B.C.’s anti-gang agency said on Wednesday.

“His historical gang association or connection is to the Independent Soldiers and to certain people involved with the Independent Soldiers,” said Houghton, of the Combined Forces Special Enforcement Unit.

But Deo has been better known as a Wolf Pack member since moving to Ontario in 2013. 

Some members of the IS, along with some in the Hells Angels and some Red Scorpion gangsters are using the Wolf Pack identity, Houghton said.

“Certain people and part of the IS and their alignments would consider themselves under the Wolf Pack umbrella,” he said. “You have to look at it like cells.”

Houghton said the Wolf Pack has both national and international connections despite its B.C. origins.

Deo was close to two original Wolf Pack members — Hells Angel Larry Amero and James Riach of the IS.

Left to right....Independent Soldier Donny Lyons, Hells Angel Larry Amero and Sukhvir Deo, gunned down in Toronto Tuesday afternoon. Photo credit: ***EXCLUSIVE TO THE PACIFIC NEWSPAPER GROUP ONLY ! [PNG Merlin Archive]

From left, Independent Soldier Donny Lyons, Hells Angel Larry Amero and Sukhvir Deo, who was gunned down in Toronto Tuesday afternoon.

The Sun obtained a photo taken several years ago in which Deo is posing with Amero and with Independent Soldier Don Lyons.

Amero and Riach were targeted along with Red Scorpion leader Jon Bacon in a 2011 shooting in Kelowna. Bacon was killed, Amero was wounded and Riach was grazed.

Amero was later arrested in Montreal and implicated in an international drug ring. He remains in jail there awaiting trial.

Riach was picked up in the Philippines and charged with drug trafficking, but the case later fell apart. His current whereabouts are unknown.

After the 2011 shooting, Wolf Pack members were warring on the streets of Metro Vancouver with rivals from the so-called Dhak-Duhre group.

Deo’s name had surfaced in connection with the May 2012 murder in Port Moody of Duhre associate Gurbinder (Bin) Toor. Toor’s 40th birthday would have been Monday.

No charges have been laid in the murder. Port Moody Police Const. Angela Fisher said Wednesday that there’s no update on the Toor murder investigation.

Deo’s uncle Sohan told The Sun his nephew had a big trucking company in Ontario.

He was successful enough to sit courtside at Raptors playoff games and drive a fleet of luxury vehicles, including the white Range Rover in which he was killed. (Deo was ejected from Game 4 of the playoff series between the Raptors and the Cavaliers last month for heckling the referees.)

But Deo was also facing drug and proceeds of crime charges in Ontario.

“Sukhvir Deo was on charges with us related to drugs and property-related offences,” Halton Regional Police Sgt. Barry Malciw said Wednesday. Halton is a region southwest of Greater Toronto.

Deo family members were gathering in the Toronto area Wednesday. His father Parminder, who is facing international drug smuggling charges in India, travelled from Vancouver to Toronto on Tuesday night. 

kbolan@postmedia.com

blog: vancouversun.com/tag/real-tag

twitter.com/kbolan


Lawyer for Hells Angel admits client intended to traffic 200 kg of cocaine

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A lawyer for a senior member of the Hells Angels in B.C. admits his client intended to traffic 200 kilograms of cocaine in Canada, but questions whether David Giles intended to import the drugs.

The admission was made by Paul Gill, during final submissions at Giles’s trial in B.C. Supreme Court in Vancouver on Monday.

Giles, vice-president of the Kelowna chapter of the motorcycle club, was charged along with seven other members or associates of the Hells Angels in a major conspiracy to import and traffic in cocaine.

The Crown argued that Giles played an important role in an undercover police operation that included meetings between the accused and cops posing as members of a drug cartel in Vancouver, Montreal, Mexico City and Panama City.

In June 2012, Giles and co-accused, Hells Angel associate Kevin Van Kalkeren, met with the undercover cops at the Pan Pacific Hotel in Vancouver and provided $2 million as a down payment for the purported delivery of 200 kg of cocaine, court heard.

The next month, Van Kalkeren and another accused met with the undercover cops and advised that they had discussed the possibility of obtaining another 300 kg of cocaine with Giles and were interested in doing so, the trial heard.

In August 2012, the conspirators provided another $2 million for delivery of the initial 200 kg of cocaine. Later that month, arrangements were made for delivery of the drugs at a warehouse and police arrested the accused.

In his final arguments, Gill told B.C. Supreme Court Justice Carol Ross that Giles definitely had a desire and an intention to traffic the 200 kg once they arrived in Canada, but had no underlying plan for how to do so.

“The real question is did he actually intend to facilitate or be part of the importation scheme and did he actually intend to assume control or possession of the additional 300 kilograms of cocaine that the undercover operators told him on June 26 (2012) was coming to Canada.”

Gill, who argued that Giles did not agree to the extra 300 kg of cocaine, told the judge that Giles talked about the quality of the drugs and the price, but nothing about the importation of the narcotics. The defence lawyer argued that the police “drove the narrative” of the operation, having a very detailed, carefully mapped-out plan using very sophisticated police officers in what was a “fictitious” cocaine scheme.

He said Giles had no predisposition to engage in a cocaine-trafficking or importation scheme and didn’t go looking for a drug cartel to help him carry out the scheme. Giles’s comments to the undercover cops were mostly responses to questions put to him by police who knew what they wanted from him, said Gill.

“My client at that time was ill. He was deeply in debt. He was broke. He’d been essentially doing nothing for years. He spent most of the previous decade in court defending himself.”

Gill was referring to the fact that in a prior prosecution of the Hells Angels for cocaine trafficking, the RCMP’s Operation E-Pandora, Giles was acquitted.

The recent police reverse-sting operation, in which police provided the drugs instead of cash, was to a large extent a “confidence game” and Giles was “played” by the undercover officers, said Gill.

“I’m not arguing that my client was innocent in everything that happened,” said Gill, adding that the difference was that Giles was not responsible or fairly portrayed as having intended everything the Crown alleged.

During his submissions, Gill also criticized Van Kalkeren, calling him a serial liar. Van Kalkeren had invoked Giles’ name when the undercover cops pressed him to produce a man senior to him who would bolster his credibility, said Gill.

Van Kalkaren and two other accused, Hells Angel associates Murray Elmer Trekofski and Orhan Saydam, earlier pleaded guilty to their involvement in the cocaine scheme.

Bryan Oldham, sergeant at arms of the Kelowna chapter, and Hells Angels associates James Howard, Michael Read and Shawn Womacks were also charged in the case and are on trial.

Defence submissions are expected to continue Tuesday.

kfraser@postmedia.com

twitter.com/keithrfraser

REAL SCOOP: Hells Angels clubhouses frozen pending civil case

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After almost nine years, the civil forfeiture case between the Hells Angels and the B.C. government is on the final stretch to a 2017 trial date.

B.C. Supreme Court Justice Barry Davies has issued many pre-trial rulings over the years based on applications from both sides. He often comments in those decisions on the length and challenges of the case that began in 2007 when the B.C. Civil Forfeiture Office seized the bikers’ Nanaimo clubhouse.

The original case has been combined with a later suit seeking forfeiture of both the East End and Kelowna clubhouses. And the Hells Angels filed a countersuit attempting to get the B.C. Civil Forfeiture Act struck as unconstitutional.

Here’s my story about the latest ruling (note the part about the documents to be turned over – that should be interesting:)

Judge freezes Hell Angels Vancouver and Kelowna clubhouses pending civil trial

A B.C. Supreme Court judge has ruled that Hells Angels clubhouses in East Vancouver and Kelowna must be preserved pending the outcome of a long-running civil suit between the bikers and the B.C. government.

Justice Barry Davies sided with the B.C. director of civil forfeiture in his ruling Friday to freeze the Hells Angels assets until the end of the trial, scheduled to start in May 2017.

Davies also ruled that the two buildings could be sold by the Hells Angels, but that the net proceeds of any sale would have to be paid to the court “to stand in place of the property.”

Davies rejected a bid by lawyers for some of the Hells Angels involved to allow the clubhouses to be sold “with the proceeds being free of any claims by the director.”

He said he didn’t want to make orders that could potentially jeopardize the upcoming trial date in the case that started almost nine years ago.

UNDATED --Undated handout photo of Metro Vancouver's Uniformed Gang Task Force check out the Hells Angels clubhouse in Kelowna on their second trip to the Okanagan city this past weekend to combat the growing gang problem there, received Sunday October, 17, 2010. (HANDOUT/Special to the Vancouver Sun) (For Kim Bolan) [PNG Merlin Archive]
Hells Angels clubhouse in Kelowna.

In the meantime, the bikers must maintain the condition of the East End clubhouse at 3598 East Georgia St. and the Kelowna clubhouse at 837 Ellis St.

They must also keep the taxes up to date and pay the mortgage and other bills associated to each property, Davies said.

They can continue to use both clubhouses.

A similar “interim preservation order” was made against the Nanaimo clubhouse after civil forfeiture proceedings targeting the Vancouver Island property were launched in November 2007.

The B.C. director of civil forfeiture then filed an additional lawsuit seeking forfeiture of the East End and Kelowna clubhouses in 2012.

Davies earlier combined the two cases into a single proceeding.

Initially the director said the clubhouses should be forfeited as they had been used as instruments of unlawful activity. But in amendments approved last year by Davies, the director is now claiming that the clubhouses are likely to be used in the future to engage in criminal activities.

Davies also ruled Friday that the Hells Angels involved in the case must turn over some records about the biker gang, including “minutes of international, national and regional meetings,” and “any presently operative structural charts of the (Hells Angels Motorcycle Club) in Canada and in respect of the East End and Kelowna chapters.”

“To the extent that such documentation exists, it may assist in proving or disproving the allegation that the clubhouses serve as bases of operation for the unlawful purposes pleaded by the director,” Davies said.

But he rejected the director’s application to get a more sweeping list of documents from the Hells Angels, including details of members who have retired or were tossed out of the club “dishonourably.”

“I agree with the defendants that the information sought is, at best, marginal relevance to the issues to be decided … which concern only whether the East End and the Kelowna clubhouses should be forfeited because they are likely to be used to engage in unlawful activity,” Davies said.

Read the ruling here:

 

Hells Angels still a significant force in B.C. despite the recent death of a member

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As B.C. Hells Angels mourn the recent death of a member of the West Point chapter, police say the biker gang remains a significant criminal force in the province.

Bjorn Sylvest died July 3 while on a houseboat on the Shuswap Lake, Barb McLintock, of the B.C. Coroners Service, confirmed.

“The death of Mr. Sylvest was reported to us and we are investigating,” she said.

Sylvest was remembered last week by his fellow Hells Angels and other pals at a service in south Surrey. 

And they paid tribute to the 35-year-old heavy-duty mechanic Thursday with a procession of 200 to 300 bikers riding from the White Rock Hells Angels clubhouse to the Victory Memorial Park Funeral Centre.

Among the mourners were bikers wearing patches of the Hells Angels, the Throttle Lockers, the Shadow Club, the Jesters, the Devil’s Army, the Castaways, the Ironworkers Motorcycle Club and the Horsemen Brotherhood. 

July 19, 2016 - Bjorn Sylvest, 35, of the Metro Vancouver-based West Point Hells Angels chapter died July 3, 2016 while on a houseboat on Shuswap Lake. He is being mourned online by friends and fellow Hells Angels members. Photos from online memorial to Sylvest. [PNG Merlin Archive]

Bjorn Sylvest, 35, of the Metro Vancouver-based West Point Hells Angels chapter died July 3, 2016 while on a houseboat on Shuswap Lake. He is being mourned online by friends and fellow Hells Angels members. Photos from online memorial to Sylvest.

While Sylvest’s West Point chapter has taken a hit with his death, the Hells Angels “remain active in British Columbia and overall membership appears to have remained consistent over the last few years,” RCMP Supt. Sandro Colasacco said in an interview.

He said the current membership of the HA in B.C. is about 120 in nine chapters.

“This number does fluctuate based on factors such as police enforcement initiatives and criminal charges,” said Colasacco, intelligence officer for the RCMP’s E Division.

“Previous investigations have made it clear that some members of the Hells Angels are involved in illicit drug, weapons and violence-related offences, including murder. It is for this reason that the Hells Angels and other outlaw motorcycle gangs remain a priority for the RCMP and our law enforcement partners.”

The West Point chapter was started in 2012 by a breakaway group of bikers that had been members of the White Rock chapter.

West Point was supposed to be based in Surrey, but RCMP Asst. Commissioner Bill Fordy said at the time he would block any attempt the group made to open a clubhouse in his city.

So West Point started holding its regular “church” meetings upstairs from a Langley pub.

July 19, 2016 - Bjorn Sylvest, 35, of the Metro Vancouver-based West Point Hells Angels chapter died July 3, 2016 while on a houseboat on Shuswap Lake. He is being mourned online by friends and fellow Hells Angels members. He is pictured here outside the Hells Angels clubhouse in Barcelona. Photos from online memorial to Sylvest. [PNG Merlin Archive]

Bjorn Sylvest, 35, pictured outside the Hells Angels clubhouse in Barcelona. Photos from online memorial to Sylvest.

Photos posted on Sylvest’s online tribute page show him with other Hells Angels in Berlin, Barcelona and at Canadian gatherings. A photo of the West Point chapter posing with two Harleys shows Sylvest beside a superimposed image of fellow chapter member Larry Amero, who is in custody in Quebec awaiting a 2017 trial on charges of conspiracy to import cocaine.

Amero isn’t the only B.C. Hells Angel currently before the courts. Kelowna full-patch bikers David Giles and Brian Oldham, as well as three associates, are also on trial in B.C. Supreme Court on a conspiracy to import cocaine charge. That case is expected to finish later this month.

And the Hells Angels in B.C. are embroiled in a legal battle with the B.C. government over the fate of three clubhouses. The B.C. director of civil forfeiture wants the East End, Kelowna and Nanaimo clubhouses forfeited, claiming they’ll be used for future criminal activity. The bikers have filed a counter-suit alleging the civil forfeiture act violates the Charter. That case is slated for trial in May 2017.

B.C. Hells Angels spokesman Ricky Ciarniello did not respond to an interview request.

Sylvest had no criminal record in B.C.

Bjorn Sylvest, 35, of the Metro Vancouver-based West Point Hells Angels chapter

Bjorn Sylvest, 35, of the Metro Vancouver-based West Point Hells Angels chapter

His obituary said he was an entrepreneur “who conceived, launched and successfully operated, as well as expanded curbside mobile repair.”

Friends and relatives posted comments, calling him “very kind, loving and generous” and “a great guy” who loved to snowboard and play hockey.

A Hells Angel member named Gerald, from the Paris chapter, recalled meeting Sylvest in Berlin three years ago.

“And since that we stayed in touch. He even visited Paris,” he said.

kbolan@postmedia.com

blog: vancouversun.com/tag/real-scoop

twitter.com/kbolan

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Nanaimo Hells Angel loses appeal of extortion and theft convictions

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Longtime Nanaimo Hells Angel Robert (Fred) Widdifield has lost an appeal of his convictions for extortion and theft.

B.C. Court of Appeal Justice Nicole Garson rejected Widdifield’s arguments that the evidence used to convict him was “wafer thin” and that he was an innocent bystander to an incident during which a former friend and business partner was extorted.  

Hells Angel Fred Widdifield

Hells Angel Fred Widdifield

In Dec. 2014, a B.C. Supreme Court judge found that Widdifield was part of the plot to strong-arm his former friend into handing over money and property, including a yacht called Dream Chaser.

The longtime pal, identified only as J.H. in court, went to police in 2010 after being repeatedly threatened by another Nanaimo Hells Angel named Rajinder Sandhu.

J.H.’s problems with the bikers stemmed back to an unpaid 1993 loan for $62,000 that he had gotten from a Nanaimo woman who later moved away without providing any forwarding address.

For years, he heard nothing about the debt until Sandhu came knocking on his door in early 2010.

Sandhu told J.H. that he would have to repay the loan, as well as “a `stupid tax’ for his alleged unauthorized use of the club’s name and reputation.”

Sandhu also said that he was acting on behalf of the Hells Angel and demanded an immediate payment of $100,000. He warned J.H. about having used Widdifield’s name without authorization.

After months of meetings and text messages, J.H. was forced to turn over his yacht, which he had purchased for $137,000. 

Widdifield was with Sandhu during the sale of the boat. And Widdifield later hosted a meeting at his house during which J.H. was assaulted and ordered to pay even more money.

On appeal, Widdifield’s lawyers argued that the trial judge was speculating about the senior biker’s involvement in the conspiracy and that there was not enough evidence to support his conviction.

“In particular, Widdifield challenges the judge’s conclusion that the `sin’ for which Sandhu was sent to exact retribution was J.H.’s alleged use of Widdifield’s name,” Garson noted in her ruling, released Friday.

Widdifield’s lawyers also argued that some inadmissible hearsay evidence was improperly used to convict him.

Garson disagreed.

“It is my view that the judge reasonably inferred: (a) that, on the basis of the evidence directly admissible against him, it was probable Widdifield was a member of the common unlawful design to extort money and property from J.H. and; (b) that his membership was proven beyond a reasonable doubt. Neither of these inferences is plainly contradicted by the evidence, or incompatible with it,” Garson said.

“There was evidence to support the judge’s conclusion that Widdifield was in on the plan.”

She also said “ the verdict reached by the judge was not unreasonable.”

Appeal Court Justices Mary Saunders and David Harris agreed.

Widdifield is an original member of the Nanaimo chapter of the notorious biker gang, which started in July 1983 along with the Vancouver and White Rock chapters.

He was sentenced to five years in jail for the extortion conviction.

kbolan@postmedia.com

blog: vancouversun.com/tag/real-scoop

twitter.com/kbolan

Read the full ruling here:

Related

Longshoreman denied security clearance fights in court

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A Metro Vancouver longshoreman is appealing a decision by the federal government to deny him security clearance because of drug smuggling allegations against his brothers, who also work on the docks.

Arun Randhawa filed an application in the Federal Court of Canada last month seeking a judicial review of a refusal by the minister of transport to give him the special clearance necessary for some waterfront jobs.

In his court documents, Randhawa says he’s a casual longshore worker who registered for employment in March 2013 and applied for the Marine Transportation Security Clearance.

He was told in a November 2014 letter that he wouldn’t get the clearance because of “his alleged association on a daily basis with two individuals identified as executive members of an Indo-Canadian organized crime group, one of whom was caught with 107 kilograms of cocaine in the United States and was sentenced to 60 months in prison.”

The minister also alleged in the letter that “this group is known to police to traffic narcotics between the United States and Canada … and is involved with the Hells Angels, Japanese Mafia and Chinese criminals,” according to Randhawa’s application.

While the two associates are not named in the court documents, Randhawa’s eldest brother Alexie was arrested in California in 2008 with 107 kilograms of cocaine. He served four years of his five-year sentence before returning to Canada and his job as a Vancouver longshoreman in November 2012.

And Randhawa’s middle brother Alvin, also a longshoreman, has been charged in New York State with six counts of smuggling and distributing both cocaine and marijuana. He consented to committal for extradition in B.C. Supreme Court last November and is awaiting a decision by Justice Minister Jody Wilson-Raybould on whether he will be sent to the U.S.

U.S. court documents say that decision is expected by May 6.

The New York indictment alleges Alvin Randhawa and three other Canadians were involved in smuggling marijuana across the border and into the state between 2007 and late 2010, as well as exporting cocaine from the U.S. into Canada from 2007 until May 11, 2011.

Both Arun and Alvin wrote reference letters for the L.A. judge in Alexie’s case when he was being sentenced.

Arun called Alexie his “best friend and mentor.”

“We come from a respected family within our community and were raised with love, compassion, morals, responsibility and honour,” Arun wrote, adding that both he and Alvin “look up to Alexie for his strong sense of knowledge, integrity and leadership skills.”

Arun Randhawa says in his appeal documents that the minister “erred in law, exceeded his jurisdiction and overstepped the bounds of ministerial discretion in making his decision that there were reasonable grounds to suspect that Randhawa poses a risk to marine security.”

“The minister erred in failing to give due weight to Randhawa’s explanations for the alleged events and associations,” the documents say.

<a href="http://kbolan@postmedia.com“>kbolan@postmedia.com

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