Bacon case must not repeat
In a stunning turn of events, the B.C. Supreme Court has dismissed murder and conspiracy charges against Jamie Bacon, the alleged mastermind of the Surrey Six killings 10 years ago. On Oct. 19, 2007, members of Bacon’s Red Scorpion gang broke into a suite at Surrey’s Balmoral Tower, and shot six men. The intended target was a drug dealer who had encroached on the gang’s turf. But five other men who were present — including two innocent bystanders — were also killed, allegedly to silence them.
Several of the gang members have already been convicted, and are serving life sentences. But while Bacon was indicted, the charges against him were stayed last week. He remains in jail, facing other charges.
Although Justice Kathleen Ker refused for legal reasons to explain her decision at length, she noted that part of the problem “arose from the manner in which the police handled aspects of privileged and confidential information.” There might have been other procedural concerns, as well.
This is troubling. Questions might also be asked about the police tactics used to build the case against Bacon.
A known gang killer — “Person Y” — was persuaded to testify after law-enforcement officers reportedly gave him money and a Mercedes car. Another known assassin — “Person X” — was allowed to plead guilty to a lesser crime in exchange for his testimony.
In the end, neither was permitted to give his evidence by the court. But the practice of doing deals with killers is disturbing. And it points to a larger problem.
Law-enforcement agencies frequently struggle to make charges stick against gang members. Part of the reason is the ability of gangs to intimidate potential witnesses. In addition, organized-crime cases are often extremely complex, leaving open the possibility of inadvertent errors by over-stretched law enforcement agencies.
And it does appear, from the judge’s remarks, there might have been mistakes or omissions in the way the Bacon case was prosecuted. If true, that suggests either a lack of co-ordination between police and prosecutors, or a failure to understand the due-process requirements of an admittedly complicated case.
Something similar happened in Quebec in the 1990s. A gang war broke out, and more than 20 members of the Hells Angels and the Rock Machine — a rival biker gang — were killed. Several early attempts at prosecution failed, due in part to inadequate case preparation by the authorities.
The Quebec government responded by hiring special prosecutors trained to deal with gang-related cases, and by strengthening local police forces. In 2001, massive raids were organized on gang clubhouses, and nearly 200 gang members were rounded up.
That was followed by a similar operation a few years later that led to the arrest of a further 156 gang members. A specially reinforced courthouse was built to hold the trials.
The lesson learned in Quebec is that criminal organizations can be disrupted, but only if specially trained officers and prosecutors are assigned in large numbers to conduct the operation.
B.C. does have a Combined Forces Special Enforcement Unit to fight organized crime. But Vancouver’s police chief has voiced concerns at a rise in gang violence.
That the Bacon prosecution collapsed has understandably infuriated family members of those murdered. Attorney General David Eby professed himself shocked.
But the real message here is that we need a better funded and better co-ordinated effort on the Lower Mainland to apprehend and convict gang members.
Unless Eby decides to launch an appeal, it is too late to remedy whatever errors were made in Bacon’s trial. However, we are entitled to know that corrective measures are being taken to avoid a repeat performance.