Judge rules police violated accused’s rights
Man facing conspiracy to commit murder charges was not provided lawyer in reasonable time
A judge has found that a man accused of conspiracy to commit murder and attempted murder had his rights violated following his arrest by Vancouver police.
Knowah Ferguson, 21, was taken into custody along with two other young men when a suspected stolen vehicle they were in was pulled over by cops near Main Street and East 10th Avenue on June 14, 2015. When police searched the vehicle, they found firearms and ammunition, including three handguns, an AK-47 assault rifle and a silencer.
Ferguson of Hamilton, Ont., was charged with trying to shoot and kill Hells Angel Damion Ryan at the Vancouver airport on April 10, 2015. The allegation is that he approached Ryan while Ryan was seated at a table with an Asian male in a food court at the airport and pulled out a firearm. There was a clicking sound and the gun failed to fire, according to a ruling on the rights violation. All three people at the scene then took off running, according to the ruling.
Ferguson was also charged with conspiring with an associate who can only be identified as Witness X, as well as others, to kill an unknown person. Finally, he was charged with unlawful possession of loaded and prohibited firearms.
In the ruling, B.C. Supreme Court Justice Joyce DeWitt-Van Oosten found there was an unreasonable delay by police in advising Ferguson of his right to a lawyer after his arrest. The judge also found police failed to hold off on questioning the accused at roadside until he was provided with his right to counsel and given a reasonable opportunity to access a lawyer.
There was a nine-hour delay by police facilitating contact with a lawyer and a failure by police to give Ferguson another opportunity to see a lawyer and get advice after the Combined Forces Special Enforcement Unit (CFSEU) arrived at the Vancouver jail and sought access to the accused for personal viewing.
The Crown conceded three of the four rights violations, challenging only the CFSEU issue.
The judge is expected to deal with remedies for the Charter breaches at a later date.
In another ruling, the judge dismissed an application by the defence to set aside a search warrant for a motel room where Ferguson was staying before the arrest. The defence also challenged a warrant to search mobile devices seized from the City Centre Motor Hotel, with a ruling on that issue expected March 26.
A challenge to the manner of search of the mobile devices and a delay application relating to the firearms’ count is also expected to be heard before the trial, which is scheduled to open before the judge alone May 22.
Gino Gavin McCall, Ferguson’s co-accused, from Hamilton, pleaded guilty in September to one count of conspiracy to commit murder in relation to the alleged murder plot in June 2015. He was sentenced to seven years in prison, reduced to three years, three months and 18 days in jail after receiving credit for pre-sentence custody.