Lengthy biker coke trial wraps
The months-long cocaine conspiracy trial of two Kelowna Hells Angels and three of their associates wrapped up Wednesday in B.C. Supreme Court.
Justice Carol Ross said she would hand down her ruling in the judgealone case on Sept. 30.
Hells Angels David Giles and Brian Oldham and associates James Howard, Michael Read and Shawn Womacks were charged with conspiracy to import cocaine following a 2012 reverse sting by Mounties posing as South American drug cartel members. Three other co-accused have already pleaded guilty.
During the trial, Ross heard from undercover cops who tricked the B.C. men into believing they could provide them with hundreds of kilograms of cocaine. Intercepted conversations and covertly-recorded video evidence were also key evidence in the Crown’s case.
Defence lawyer Ian Donaldson concluded final arguments on be- half of Oldham Wednesday, saying the evidence was not enough to convict the longtime biker of conspiracy.
Federal prosecutor Chris Greenwood said in his closing that while Oldham only got involved “at the tail end of the conspiracy,” he played a key role when he attended a meeting with Giles and an undercover cop. “He backed up the deal. In his capacity as a Hells Angel, he agreed to stand in Mr. Giles’ place for the express purpose of ensuring the cocaine could be obtained.”
But Donaldson said the conversation that took place during the meeting does not prove Oldham had knowledge of the cocaine deal.
“There are a variety of explanations that can be put upon Oldham’s presence there. They include that Giles needs somebody at that meeting to demonstrate that person is a fellow motorcycle enthusiast ...” if something happens to him, Donaldson said.
And he said the evidence leading up to the meeting is “vague, nebu- lous. It would be manifestly unsafe to draw the inference that he knew everything, that he had to know, in order properly to be found guilty.”
Donaldson was brought into the case during closing arguments earlier this month after Oldham told court he no longer had confidence in his original trial lawyer, Robert DeBou. Donaldson had represented Kevin Van Kalkeren, who earlier pleaded guilty, so he was familiar with the evidence and could step in.
In his closing, Greenwood urged Ross to convict all five, describing the evidence as “overwhelming.”
“The evidence revolves around the centrepiece of the investigation which was a lengthy and successful undercover operation,” he said.
He described Giles and Van Kalkeren as the leaders of the conspiracy who shored up the first shipment of cocaine during meetings in Panama City in March 2012, secretly recorded by police.
Giles’ lawyer Paul Gill earlier argued that while his client may have agreed to traffic 200 kilograms of cocaine, there is no evidence he wanted to import the drug into Canada. And he said Giles was “played” by police at a time when he was sick and broke.