OFF THE WIRE
Judge finds cops breached rights
The organizer of a popular
Winnipeg motorcycle show has been cleared of allegations he obstructed
and assaulted police who turned up at his event to seize a racing bike
linked to a high-ranking Manitoba Hells Angel
.
Robert (Robyn) Gray learned of his acquittal Monday in provincial court and walked away a free man.
Gray represented himself at trial and successfully challenged several facets of the Crown's case.
Judge Wanda Garreck found police breached Gray's rights against unlawful search and seizure and arbitrary detention.
As
well, she ruled, Const. Jeff Norman breached his duty to properly
investigate who should have been served with a search warrant police
obtained to seize a Harley-Davidson Destroyer from a display at the
Rolling Thunder motorcycle show at the convention centre on March 16,
2012.
Police and the Crown believe the motorbike belongs to
full-patch Hells Angels member Dale Sweeney, who had been collared that
day in a major drug crackdown against the gang.
Norman and his
partner turned up, notified a convention centre security guard why they
were there and moved in to seize the bike.
This prompted a public
exchange with Gray on the exhibition floor after he discovered what was
happening -- one described by Garreck as "very brief and stressful" and
eventually saw the heavily armed tactical support team attend.
The
fracas ended with Gray being arrested and cuffed by Norman for assault
and obstruction of a police officer after Gray touched Norman's upper
arm while repeatedly asking to see the warrant.
Gray rented the
space for Rolling Thunder from the annual World of Wheels show. Garreck
found as Rolling Thunder's longtime organizer, he was entrusted with the
care of the Harley-Davidson on display and should have been the person
police dealt with.
Police simply had to ask a few more questions
to get to the bottom of things, but didn't, Garreck stated in her
lengthy written ruling.
"It was (Rolling Thunder) that rented the
space and allowed others to enter their motorcycles at the invitation
of the company," said Garreck. "While Const. Norman may not have been
aware of these facts, he did little to investigate or determine who on
site was in charge of the actual property being seized," she wrote.
"...
The fact Const. Norman did not know Mr. Gray had control of the space
and the motorcycle was very much related to a lack of investigation and
perhaps an attitude of not wanting to know if anyone there was in
control of the motorcycle," Garreck said.
She signalled she was
aware police were trying to act cautiously to not alert anyone
associated with Sweeney they were claiming the bike. Still, the breaches
of Gray's rights were "serious," she said.
As for the touch that led to the assault and obstruction charges, Gray had no ill intent, Garreck ruled.
A
battle over who actually owns the motorcycle continues, with a hearing
set for April in the Court of Queen's Bench. Gray is not a party to that
action.
http://www.brandonsun.com/breaking-news/bike-show-boss-acquitted-of-police-assault-248318431.html?thx=y
