|
From the Vancouver Sun
The eldest of three Bacon brothers walked out of court a free man Friday after a judge dismissed 15 drug and gun charges and threw out all the evidence seized by police.
Jonathan Bacon, 27, showing no signs of a near-fatal shooting injury received 18 months ago, refused comment to reporters as he left briskly with a friend.
Bacon's two younger brothers, Jarrod, 25, and Jamie, 22, remained in custody on 27 weapons offences a week after the B.C. Integrated Gang Task Force issued an extraordinary public warning about plots to kill the Bacon brothers by unnamed rival gangsters.
Jonathan Bacon (left) walks out of court after the judge threw out gun and drug charges against him. He was accompanied by a friend (right), who was not identified.View Larger Image View Larger Image
Jonathan Bacon (left) walks out of court after the judge threw out gun and drug charges against him. He was accompanied by a friend (right), who was not identified.
Rick Collins/ Special to The Vancouver Sun
Email to a friendEmail to a friendPrinter friendlyPrinter friendly
Font:
* *
* *
* *
* *
AddThis Social Bookmark Button
There was heightened security at the small brick courthouse here, including metal detectors and extra cops, both plainclothes and uniformed, from across the Lower Mainland for the brief appearance.
Bacon and his two co-accused, Rayleene Burton and Godwin Cheng, sat behind the Crown prosecutor as Provincial Court Judge Donald Gardiner announced his ruling following a voir dire, in which defence had argued police searches leading to a stash of weapons, drugs and cash were unconstitutional.
Gardiner agreed with the defence position that Abbotsford police did not have proper grounds to obtain a search warrant when investigators raided a condo filled with contraband in August 2005.
He then quashed the warrant, issued three years ago.
Gardiner said to admit the evidence from the search would "adversely affect the administration of justice" and he dismissed all the charges as Bacon, Burton and Cheng shouted "yeah."
At the time the charges were laid, Abbotsford police called the case one of their biggest drug busts in recent memory. Investigators seized two handguns, two silencers, body armour, crack cocaine, ecstasy, pot and close to $100,000 cash in their search.
"It's very disturbing to know that these weapons are out in the community," Abbotsford police spokesman, Const. Casey Vinet, said at the time.
"We believe this is a mid- to high-level drug-trafficking operation.... When you consider the amount of drugs with the amount of cash and the type of weapons that were recovered, it suggests it's more than just a street-level operation."
Both the Crown and defence lawyers Mark Jette and Jeff Ray refused comment to reporters after Gardiner's ruling Friday.
The three accused left court separately, with Burton hiding behind an umbrella and Cheng running through the courthouse gardens to avoid reporters.
Gardiner said he would release written reasons for his decision to exclude the entirety of the Crown's case.
Unmarked police cars cruised the parking lot for more than an hour before the ruling was handed down, mirroring unprecedented security at Surrey Provincial Court earlier in the week when Bacon's siblings made an appearance.
Vinet said the department will eagerly wait for the written reasons.
"We are disappointed and we will be carefully reviewing the reasons for judgment," Vinet said. "Whether or not there's an appeal is up to Crown."
No one from the Public Prosecution Service of Canada returned calls Friday on whether an appeal would be considered.
Sgt. Shinder Kirk said the gang task force was also disappointed.
kbolan@png.canwest.com
|
