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Thursday, January 3, 2013

CANADA - B.C. lawyer pleads guilty to working for CLUB - a Canadian first



OFF THE WIRE
For the first time in Canadian history, a lawyer has pleaded guilty to participating in the activities of a criminal organization. Vernon lawyer William Jacob Mastop entered the plea in B.C. Supreme Court Thursday, in the same high-security courtroom where members of the Greeks gaxxx were found guilty of murder Nov. 25.

VANCOUVER - For the first time in Canadian history, a lawyer has pleaded guilty to participating in the illicit activities of a criminal organization.

Vernon lawyer William Jacob Mastop entered the plea in B.C. Supreme Court Thursday, in the same high-security Vancouver courtroom where members of the Greeks gaxxx were found guilty of murder Nov. 25.

Mastop admitted that he participated in, or contributed to, the criminal activities of the Greeks, five of whom were convicted in three brutal drug-related slayings dating back to 2004 and 2005.

Mastop, 46, will remain on bail until he is sentenced in the new year. His next appearance – to fix a date for a sentencing hearing – is Jan. 18.

The surprise guilty plea came as Mastop was due to go to trial next month.

His lawyer David Crossin began Friday’s proceedings by telling Associate Chief Justice Austin Cullen that he wanted to cancel jury selection, set for Jan. 8, and the trial, which had been scheduled to start Jan. 14.

The court clerk then read a new direct indictment containing one count, alleging that Mastop did “participate in or contribute to the activity of a criminal organization for the purpose of enhancing the ability of the criminal organization to facilitate or commit an indictable offence.”

Mastop stood up in the prisoner’s box and admitted his guilt.

He then left with Crossin after a few words with two family members who attended the brief appearance.

Outside court, Crown prosecutor David Jardine said the conviction is the first of its kind in the country.

“To my knowledge there has been no other case in Canada where a lawyer has been charged – and now admitted – to participating in the activities of a criminal organization. So it is unprecedented from that point of view,” Jardine said.

He indicated in court he would be seeking a federal prison sentence for Mastop, which means longer than two years.

But he would not elaborate, saying he preferred to make his submissions before the sentencing judge.

Nor would he comment on the fact a member of the legal profession had admitted to working for a criminal organization.

“I think that will be part of my submissions to the trial judge when we make the pitch for what we think is the appropriate sentence,” Jardine said.

Asked why Mastop changed his plea, Jardine speculated that the conviction of all five gaxxx killers, followed two days later by a ruling allowing into evidence intercepted telephone calls between the lawyer and members of the violent gaxxx may have led to the change of heart.

“My guess is those two factors put together may have assisted the resolution of this matter,” Jardine said.

Under Mastop’s bail conditions, he is not allowed to practise law pending his sentencing hearing.

Jardine said it will be up to the Law Society of B.C. to decide whether he is disbarred permanently from the profession.

Law Society communications manager Robyn Crisanti said a disciplinary process will get underway as soon as Mastop is sentenced.

“We need to wait for sentencing and we need to wait for judge’s reasons just to allow this whole criminal component to conclude,” she said. “Then once that’s done, we’ll start our process and that may or may not involve a disciplinary hearing.”

The society has the ability to bypass a hearing and go straight to a discipline committee to decide Mastop’s fate.

”I am not saying we would do that in this case. We don’t have all the information yet, so it is far too early for me to say that,” Crisanti said.

“I think the important thing to note in this particular case is that he is barred from practising law and that continues at the moment and so from our perspective in terms of our mandate to protect the public, the public is protected.”

She said the type of criminal offence involved is a factor in the society’s decision.

“We consider the nature of what he’s pled guilty to in our decision. I can assure you it will be taken extremely seriously.”

Mastop didn’t respond to an email request for comment.

He has maintained his law office website since being charged in January 2010, though he posted this comment: “I regret to advise that pursuant to a court order, I have been prohibited from practising law.”

On the site, he says he grew up in the Vernon area and went to Simon Fraser University, where he earned a criminology degree in 1991. He was called to the B.C. bar in 1995 after studying law in Edmonton.

He tells clients that he specializes in criminal law, including “assaults, weapons offences, narcotics offences (including trafficking in cocaine, marijuana, crack cocaine, heroin, ecstasy and possession for the purpose of trafficking), robberies, home invasions and other criminal or provincial offences.”

“I do not act as a prosecutor or agent for the state,” he says.

Mastop, a noted marksman, also features a photo of himself firing a gun at a shooting range.

But under his bail conditions, he is banned from possessing firearms. Nor can he associate with any members of the Greeks gaxxx or the Hells Angels.

Mastop owns a Vernon townhouse assessed at $214,000. The B.C. Attorney General’s legal services branch registered a $255,000 mortgage against Mastop’s property in October 2011, according to documents obtained by The Vancouver Sun.

Since the Nov. 25 conviction of five men connected to the Greeks, three of them – Dale Sipes, Leslie Podolski and Sheldon O’Donnell – have been sentenced to life in prison with no chance of parole for 25 years. Two others – gaxxx leader Peter Manolakos and associate Douglas Brownell – will be sentenced in January.

The Greeks were suspected in seven north Okanagan murders, but charges were only laid in the deaths of Dave Marnuik, Ron Thom and Thomas Bryce.

http://www.vancouversun.com/news/lawyer+pleads+guilty+working+gaxxx+Canadian+first/7727566/story.html#ixzz2FizieYtd