A legal document thatsa国际传媒檚 mapped out what is and isnsa国际传媒檛 acceptable in a piece of evidence submitted for a long-running trial is offering a peek into Hells Angels clubhouses.
The document was submitted by the civil forfeiture director, who is trying to get Hells Angels clubhouses in Kelowna, East Vancouver and Nanaimo forfeited to the government as the instruments of criminal activity. The Hells Angels have counter-sued the government in an attempt to keep their property, claiming the Civil Forfeiture Act is unconstitutional.
In his analysis of a report used in the case, B.C. Supreme Court Justice Barry Davies discusses apparent biases in the by retired Ontario Provincial Police Det. Staff Sgt. Len Isnor.
Davies ruled that Isnorsa国际传媒檚 evidence about Hells Angels establishes sa国际传媒渟erious concerns with respect to the extent that his opinions are tainted by confirmation bias, speculation and tautological reasoning.sa国际传媒�
Kelowna
On Jan. 14, 2016, Isnor conducted an inspection of the exterior of the Kelowna Hells Angels clubhouse, and on March 4, 2016, acting on the consent order issued by Davies, undertook an inspection of the interior of the clubhouse and its contents.
Davies ruled that some of Isnorsa国际传媒檚 interpretation of 156 photographs of the Kelowna clubhouse and its contents, as well as his commentary and opinion based upon that interpretation, is inadmissible as expert evidence.
sa国际传媒淎gain, I reach that conclusion because of the extent to which much of Isnorsa国际传媒檚 interpretation of the photographs of the Kelowna clubhouse and his commentary and opinions based upon his interpretation exhibit confirmation bias,sa国际传媒� writes Davies.
Knickknacks and photographs
Isnor goes over the exterior aspects of the clubhouse, including fencing, hedges, gates, and the intercom system and cameras and offers commentary.
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sa国际传媒淔encing and gates like this goes beyond protection from burglary or vandalism, there can be only one purpose: to protect the occupants from attacks by rivals ands to impede any entries made by law enforcement,sa国际传媒� he wrote.
Davies said that Isnorsa国际传媒檚 suggestion that the gates at the Kelowna clubhouse are to impede law enforcement are speculative, prejudicial and made without admissible evidentiary foundation.
sa国际传媒淎s far as I am aware all entries into the Kelowna clubhouse by law enforcement have been judicially authorized and were unimpeded,sa国际传媒� said Davies.
Isnor also took issue with a motorcycle in the driveway during his visit.
sa国际传媒淭hese are the type of things the HA do to intimidate and I believe the HA placed that motorcycle there purposely to cause me to be apprehensive before I start my inspection,sa国际传媒� Isnor said.
That commentary, Davies said, illustrated sa国际传媒渨illingness to cloak even such an insignificant matter with prejudicial commentary.sa国际传媒�
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Isnor also noted a photograph of a dinosaur being ridden by a smaller reptilian figure with a Hells Angles death symbol.
He stated that they are for sa国际传媒淚ntimidation and a reminder to individuals in the clubhouse the HA organization is large, organized, closely bonded, violent and that membership provides beneficial privilege. Two (2) photos placed on the wall were most likely hung on the wall for my benefit,sa国际传媒� reads a portion of the report.
Davies takes issue with that and said Isnorsa国际传媒檚 commentary about that statute as well as his suggestion that two photographs were placed there for his benefit evidence confirmation bias,.
sa国际传媒� To the extent Mr. Isnor again personalized the motives of the members of the Kelowna Hells Angels in respect of his inspection the opinions he expresses are speculative and conclusory,sa国际传媒� said Davies.
In another piece of evidence, Isnor said a sa国际传媒淲hite/black board is used to communicate in regards to conversations that may be intercepted by law enforcement of their criminality or sensitive business of their HA organization. This boardroom table will be used for their HA meetings and weekly church meetings.sa国际传媒�
Davies pointed out that no source is cited for Mr. Isnorsa国际传媒檚 opinion about the use of white boards and sa国际传媒淢r. Isnor acknowledged that he has never attended a sa国际传媒渃hurch meetingsa国际传媒�. His opinion evidence is also contrary to the evidence of Mr. Atwell adduced by the director,sa国际传媒� he said.
sa国际传媒淲ithout identification of any source of his opinion I am sufficiently concerned with its reliability that I have determined that any probative value attaching to it is outweighed by the risks to the trial process that can emanate from such unsubstantiated assertions in the cloak of opinion evidence.sa国际传媒�
The trial is scheduled to pick back up on April 1.
