Canada’ - Judge to rule on appeal for Hells Angels Punko and Potts N

OFF THE WIRE
Canada’s highest court is expected to decide Thursday whether it will hear the appeal of a ruling ordering a new trial for two Hells Angels accused of committing offences for a criminal organization.

In February the B.C. Court of Appeal allowed a federal Crown appeal and ordered the new trial for John Punko and Randy Potts.

The decision followed a November 2009 ruling by B.C. Supreme Court Justice Peter Leask to throw out the criminal organization charges against the two men.

The pair had argued that the issue of whether the Hells Angels was a criminal organization had been decided by a jury during a prior trial involving Punko and Potts on weapons charges.

Following the Leask ruling, Punko and Potts pleaded guilty to conspiracy to produce and traffic in methamphetamines, possession of the proceeds of crime and trafficking in cocaine.

Following the Court of Appeal ruling, Punko and Potts sought leave to appeal to the Supreme Court of Canada.

The high court indicated Tuesday that it would be ruling on that leave application on Thursday.

The federal Crown has indicated that it will be pursuing a new trial for Punko, but not Potts. The Punko matter has been adjourned until September pending the outcome of the Supreme Court of Canada proceedings.

Punko and Potts were among more than a dozen members and associates of the East End chapter of the Hells Angels arrested in 2005 following the RCMP’s Project E-Pandora.
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