Blogger leaked order to raid Hells Angels April 07, 2007


STAFF REPORTER


An Internet blogger leaked a confidential court document on a massive police bust of the Hells Angels biker gang clubhouses 11 days before tactical officers launched their dawn raids this week, the Star has learned.
Leaked on the Internet was a judge's order allowing federal authorities to seize the Hells Angels' fortified clubhouse on Eastern Ave. in Toronto, which was home to the largest Hells Angels chapter in Canada.
"It's very shocking," said Toronto-area organized crime expert Antonio Nicaso, who has lectured police around the world. "That could have jeopardized the whole operation. It can be dangerous for the informer. It can be dangerous for everyone."
Despite police comments that they needed extreme secrecy to protect officers, hints of the upcoming raids and a digital file of a court order allowing authorities to secretly seize the Eastern Ave. clubhouse were posted on at least five Internet sites, including one for true crime aficionados, on March 25. The Web postings were still available yesterday. "It could be a mistake or it could be something that was done with malice,'' said Nicaso, adding it would be unfair to conclude the bikers have a mole in policing or the courts. "I think they have to investigate because things like that are not normal. I think it deserves a full investigation."
Steve Skurka, a Toronto lawyer who defended two Woodbridge Hells Angels in a previous trial, said he's never heard of anything like this. "Certainly it's unprecedented. ... Search warrants are supposed to be conducted by surprise."
Skurka said he expects the leak to be "highly significant" for both the defence and the police.
Asked how the defence might view the leak, he said "it raises questions about the order." For a full day after the raids began at 6 a.m. Thursday across southern Ontario, New Brunswick and Vancouver, police said they couldn't release much information because they wanted to ensure officers' safety.
The 18-month operation, called Project Develop, involved some 400 officers and relied on information from a Hells Angels' member who had become a police agent. His identity has not been released and he's now under police protection.
Secrecy is essential in organized crime investigations to protect officers and informers, Nicaso said.
"That's bizarre," Nicaso said of the Internet leak. "The whole operation depends on secrecy."
The Internet postings included a PDF file (a digital copy) of the judge's secret order, which transferred control of the Eastern Ave. clubhouse and a house in east Toronto and another in Barrie from the Hells Angels to the federal government. The Eastern Ave. clubhouse was home to the downtown Toronto chapter, which has three dozen full members.
The ruling stated the bikers would learn they'd lost their properties only when served with search warrants. "A copy of this order shall be served on the following parties but shall only be served upon the execution of search warrants at the properties whenever that may be."
Det. Insp. Daniel Redmond, head of the Ontario Provincial Police Biker Enforcement Unit, could not be reached for comment yesterday.
Police insisted on Thursday the Hells Angels didn't know they had lost control of their property until the early-morning raids, when police used a battering ram to punch a hole in the clubhouse's front wall.
The blogger who posted the judge's confidential order on March 25 identified himself only as "drmm", "drmmfamm" and "a researcher from Toronto, Canada." The order was issued on March 14 in London, Ont.The Superior Court judge ruled the properties were proceeds of crime under new anti-racketeering legislation, after studying affidavits of two police officers, "Being satisfied that there are reasonable grounds to believe that all the properties listed in ... are properties in respect of which a forfeiture order may be made under s. 16 (1) or 17 (2) of the Controlled Drugs and Substances Act."
The Eastern Ave. property was the property of Old Navy Property Corporation, whose officers were listed as James Butler of Main St., John McMahon of Briarbluff Ave., and John Neal of 498 Eastern Ave., the club's address.
Neil, 57, was charged with committing an offence in association with a criminal organization, committing an offence for a criminal organization, and conspiracy to traffic in the date rape drug GHB.
The seized house at 103 Berard Court in Barrie is listed as the property of Ian Watson and Valerie Fisher, charged with two counts of conspiracy to traffic in hashish, trafficking cocaine, two counts of possession of hashish for the purpose of trafficking, possession of cocaine for the purpose of trafficking and three counts of possession of property obtained by crime. Watson was also charged with committing an offence in association with a criminal organization.
T
he seized house at 43 Sherwood Ave. in east Toronto is listed to Mehrdad Bahman and Charlotte Bahman.
The clubhouse was transferred to Old Navy Property Corporation in April 2006 from Ontario Corporation 2005631, also known as Red & White Company Ltd. Red and white are the Hells Angels colours.
Pooler, 56, was charged in Project Develop with committing an offence in association with a criminal organization, trafficking the pain killer OxyContin and four counts of possession of property obtained by crime.
With files from Toronto Star library staff