Appeal denied for Kelowna Hells Angels who brought 200kg of cocaine into Canada
Kelowna Hells Angel David Giles' request to have his drug convictions dropped due to Charter rights violation.
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January 20, 2017 - 6:30 PM
KELOWNA – An application to dismiss charges has been denied for two Hells Angels from Kelowna and two of their associates convicted of conspiring to import and traffick 200 kg of cocaine into Canada from South America in 2012.
It took law enforcement from Canada, the U.S., Mexico and Panama 20 months to bring David Giles, Brian Oldham, James Howard and Shawn Womacks to justice for their parts in a conspiracy to bring the cocaine into the country.
They were arrested and charged in 2012 but not convicted until last fall.
Their lawyers filed an application for a stay of proceedings saying the time taken to get to trial breached their Charter rights. However, in a written decision released this week, Justice Carol Ross denied the appeal, saying the delay was reasonable given the complex nature of the crime and the number of people involved.
“There is no suggestion that the fair trial rights of the applicants have been prejudiced by fading memory, unavailable witnesses, lost or degraded evidence as a result of the passage of time.”
Giles is guilty of conspiracy to import and traffic cocaine, while the other three men with possession for the purpose of trafficking.
They will be sentenced sometime in the next two months.
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