Canada - VANCOUVER - Trial judge erred in ruling against two Hells Angels, Crown argues

OFF THE WIRE
BY: Neal Hall
Source: vancouversun.com
VANCOUVER — The trial judge erred when he ruled the Crown could not proceed with gangsterism charges involving two Hells Angels, the Crown argued Tuesday during an appeal.
B.C. Supreme Court Justice Peter Leask ruled on Nov. 27 last year that after an earlier jury verdict, which acquitted four Hells Angels of all criminal organization charges during the summer of 2009, the Crown could not get a second crack at litigating the criminal organization charges at another trial involving two of the Hells Angels, Randy Potts and John Virgil Punko.
Leask granted the defence pre-trial motion that the Crown should be “estopped” — prevented — from leading evidence that the East End chapter of the Hells Angels was a criminal organization at the second trial of Potts and Punko, who at the time were facing charges of producing and trafficking methamphetamine; Punko was also accused of trafficking cocaine.
In the Crown appeal Tuesday, federal prosecutor Paul Riley argued that Leask went beyond the judge’s findings at the 12-month jury trial to preclude the Crown having a trial on the criminal organization charges, commonly referred to as “gangsterism” offences.
Riley pointed out that the jury trial involving Hells Angels members Potts, Punko, Ronaldo Lising and Jean Violette resulted in the jury convicting on all the substantive offences involving extortion, assault, counselling mischief and illegal possession of weapons, including semi-automatic handguns, hand grenades and dynamite, but the jury acquitted the four bikers on the Crown allegations that the crimes were committed “at the direction of, for the benefit of or in association with a criminal organization, namely the East End Hells Angels.”
Riley argued Leask should not have granted the defence estoppel motion because Leask could not speculate on why the jury came to its verdict on the criminal organization charges.
Defence lawyers Bonnie Craig and Gil McKinnon, acting for Potts and Punko, argued that Leask was correct in finding the Crown should be stopped from re-litigating the criminal organization charges last year.
The defence has urged the three-judge panel of the B.C. Court of Appeal — Chief Justice Lance Finch, Justices Harvey Groberman and Pamela Kirkpatrick -- not to disturb Leask’s finding.
The panel reserved decision on the appeal.
After Leask made the ruling, Potts and Punko pleaded guilty to producing and trafficking crystal meth. Punko also pleaded guilty to cocaine trafficking in Surrey and New Westminster.
Leask sentenced Potts, 49, to 14 months in jail and Punko to 12 months, despite the Crown asking for sentences of 12 years and 16 years, respectively.
The Crown successfully appealed Punko’s sentence -- the appeal court more than quadrupled Punko’s sentence to five year and two months, in a ruling last August.
The Crown still is awaiting the Appeal Court decision on the sentence appeal of Potts, who was in the appeal court Tuesday to hear legal arguments of the Crown and defence.
nhall@vancouversun.com
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