OFF THE WIRE
KIM BOLAN
vancouversun.com
The lawyer's previous role was as in-house counsel for the Organized Crime Agency of B.C.
A Nanaimo man charged in an extortion case linked to the Hells Angels has lost his bid to have his former defence lawyer reinstated.
The B.C. Court of Appeal quashed an attempt by Rajinder Singh Sandhu to overturn an earlier ruling removing Jennifer McCormick as his lawyer in the case.
B.C. Supreme Court Justice Shelley Fitzpatrick decided last August that McCormick's previous role as in-house counsel for the Organized Crime Agency of B.C. created "the real possibility of mischief and also the risk of prejudice" in the current case.
An investigation by OCA-B.C. led to the arrest of Sandhu and several others — including full-patch HA member Frederick Widdifield — on charges of extortion, theft and possession of prohibited or concealed weapons.
Both Sandhu and McCormick appealed her removal.
But Appeal Court Justice Catherine Ryan said her court did not have jurisdiction to hear a "collateral issue" like legal representation.
"I would characterize [the original] order as a final order of a collateral issue relating to those criminal proceedings. Mr. Sandhu's representation at trial is collateral to the issues raised by the indictment tendered against him," Ryan said in reasons released Thursday. "The Criminal Code does not provide for the appeal of a collateral issue. In the result this appeal must be quashed for want of jurisdiction."
The Crown originally asked for McCormick's removal because of a belief she "was in the possession of confidential information which placed her in a conflict of interest if she acted as counsel for Mr. Sandhu," Ryan noted.
McCormick worked for OCA between 2001 and 2004 while the agency investigated the Nanaimo Hells Angels in an earlier probe called Project Halo.
While no charges were approved at the time, there was a wiretap call obtained in 2002 involving Widdifield, Sandhu and another accused in the current case, according to court documents.
Fitzpatrick said McCormick's knowledge of the earlier case created a problem for the ongoing prosecution.
"The mischief and prejudice to be avoided here is two-fold: firstly, to prevent the use or disclosure of information in breach of Ms. McCormick's duties to OCA and to the detriment of OCA and secondly, to prevent Ms. McCormick from putting herself in a situation where her loyalty to OCA results in ineffective representation of Mr. Sandhu in this proceeding," she said.
Sandhu, Widdifield, Jeffrey Benvin and Robbie Lajeunesse were arrested in 2010 after another undercover investigation named Project E-Pulpit. Police allege the extortion was "committed for the benefit of, at the direction of, or in association with a criminal organization, namely the Nanaimo Chapter of the Hells Angels Motorcycle Club."
The four are due in court in Nanaimo today for a pre-trial conference.
Appeal Court Justice Ken Smith agreed with Ryan. But Justice Edward Chiasson filed a dissenting opinion saying the appeal should be heard because the B.C. Supreme Court did not have jurisdiction when it removed McCormick.
"I would dismiss the Crown's application to quash the appeal and refer all issues concerning the appeal to a division of this court with the admonition that an early hearing date should be obtained," Chiasson said.
Read the full ruling here: http://www.courts.gov.bc.ca/jdb-txt/CA/12/00/2012BCCA0073.htm
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