Court ruling could cripple Hells Angels bike club

ROD MICKLEBURGH

March 27, 2008

VANCOUVER - The notorious Hells Angels motorcycle club is facing a possible, critical court ruling today that could put a significant crimp in the group's ability to continue what police and prosecutors allege is widespread criminal activity.

The landmark case represents one of the few times in Canada that relatively new federal anti-gang laws have been used to prosecute members of the Angels for having ties to a criminal organization.

A court finding that the Hells Angels is indeed a criminal organization would be devastating "locally, nationally and internationally" to the club, according to the head of the RCMP's outlaw motorcycle gang unit, Inspector Gary Shinkaruk.

"[They] are extremely worried," he told the news media last month. "They're realizing the law is evolving."

Despite the importance of the case, however, the public may not be told what B.C. Supreme Court Judge Anne MacKenzie decides today, if she does rule, as anticipated, on the key question of whether the Hells Angels is a criminal organization.

Earlier this month, the judge imposed a media ban "on any statement or ruling of the court on that issue."

The ban was instituted over concerns that her judgment could impair the fairness of two trials involving other Angel bikers on similar charges, due to take place later this year.

Media lawyers yesterday strongly attacked the order.

"It is extremely unusual and Draconian," said lawyer Peter Jacobsen for The Globe and Mail. "An edict that does not allow publicity of a ruling by the court is very rare.

"Sometimes, courts don't allow publication of certain evidence, but to bar the actual outcome from the public is highly unusual."

Dan Burnett, media lawyer for the Vancouver Sun, who managed to persuade the court to ease an even more sweeping publication ban imposed at the beginning of the trial, was also critical.

He pointed out that the entire operation by law enforcement officials against the Hells Angels, known as E-Pandora, has already cost taxpayers millions of dollars.

"And now, on a matter of real importance, the idea that we have to blindfold the whole country because of a belief that 12 people can't be found to make an impartial decision [on the other trials] is, in my opinion, not the right approach," Mr. Burnett said. "It's very disappointing."

Charged in the case are David Francis Giles, 58, a full-patch member of the Hells Angels' East End chapter in Vancouver, and two club associates, 43-year-old David Roger Revell and Richard Andrew Rempel, 24.

They are facing numerous charges connected with possession of cocaine for the purpose of trafficking. More significantly, each is also accused of engaging in a "joint venture" on behalf of a criminal organization.

If Judge MacKenzie convicts the accused of the cocaine charges, she will then rule on the second set of charges.

A finding that the bikers were acting for a criminal organization could increase their punishment, and generally, give police more power to seize assets of the Hells Angels.

Hells Angel expert Julian Sher, co-author of the book Angels of Death, said the current case is crucial to efforts by law officers to crack down on the group.

"If they don't win this one, you can bet that the boys with the patches will be celebrating," Mr. Sher said.

"There's nothing that frightens the Hells Angels more than being designated as a criminal organization, because image matters so much for these guys."

The three accused were among nearly two dozen individuals, including five full-patch members of the East End club, arrested and charged by police in a massive swoop on the organization in 2005.

A controversial aspect of the plan was a promised payment of $1-million to former strip club bouncer Michael Plante for infiltrating the East End chapter and reporting to police on member activities.

Mr. Sher said the criminal-organization charges in this case are particularly significant because they were the goal of police from the beginning, rather than tacked on as an afterthought.

"They targeted the East End chapter ... so police, prosecutors and the justice system have a lot riding on this decision."

For years, police in British Columbia did little to take on the Hells Angels, he said, allowing groups like the East End Hells Angels to become rich.

"Now, it's become a priority, and we have better laws. The Hells Angels are riding low. They are worried."