Ruling cuts parts of expert report in HA civil forfeiture case | Vancouver Sun:
March 6, 2019 - "A B.C. Supreme Court judge has criticized an 'expert' report about the Hells Angels filed by the Director of Civil Forfeiture as full of biased, unsubstantiated claims about the biker club. Justice Barry Davies ruled that several parts of the report are inadmissible in the director’s long-running civil case against the Hells Angels.
"Davies was also critical of the report’s author, retired Ontario Provincial Police Det. Staff Sgt. Len Isnor, who Davies said relied on his 'long held' conclusion that the Hells Angels Motorcycle Club is a criminal organization.
"Isnor testified in December at a voir dire (a trial within a trial) to determine the admissibility of his report. Davies said that Isnor’s explanations in his testimony 'seeking to distance himself from his long-held and often-stated conclusions were at best disingenuous.'
"The civil forfeiture director is trying to get Hells Angels clubhouses in East Vancouver, Nanaimo and Kelowna forfeited to the government as the instruments of criminal activity. The Hells Angels have counter-sued the government, claiming the Civil Forfeiture Act is unconstitutional. The case has been ongoing since November 2007 when police raided the Nanaimo clubhouse....
"In his ruling, Davies ordered all of Isnor’s references to police investigations of other 'Outlaw Motorcycle Gangs' removed from the report....
“'My first concern arises from Mr. Isnor’s evidence that not only have his opinions remained fixed for many years, but that he has participated as a leader in the design and implementation of courses for law enforcement personnel on how to provide expert evidence ‘that works’ in rendering opinions on the alleged criminality of the Hells Angels Motorcycle Club as an Outlaw Motorcycle Gang,' Davies said....
“'His evidence on this issue also causes me grave concern about his willingness to discharge his duty fairly and impartially,' Davies said. 'I am not, however, prepared to say that Mr. Isnor’s selectivity on that issue or his misplaced defence of it go so far as to require the exclusion of all of his opinions.'
"The trial is scheduled to resume April 1."
Read more: https://vancouversun.com/news/staff-blogs/real-scoop-ruling-cuts-parts-of-expert-report-in-ha-civil-forfeiture-case
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March 6, 2019 - "A B.C. Supreme Court judge has criticized an 'expert' report about the Hells Angels filed by the Director of Civil Forfeiture as full of biased, unsubstantiated claims about the biker club. Justice Barry Davies ruled that several parts of the report are inadmissible in the director’s long-running civil case against the Hells Angels.
"Davies was also critical of the report’s author, retired Ontario Provincial Police Det. Staff Sgt. Len Isnor, who Davies said relied on his 'long held' conclusion that the Hells Angels Motorcycle Club is a criminal organization.
"Isnor testified in December at a voir dire (a trial within a trial) to determine the admissibility of his report. Davies said that Isnor’s explanations in his testimony 'seeking to distance himself from his long-held and often-stated conclusions were at best disingenuous.'
"The civil forfeiture director is trying to get Hells Angels clubhouses in East Vancouver, Nanaimo and Kelowna forfeited to the government as the instruments of criminal activity. The Hells Angels have counter-sued the government, claiming the Civil Forfeiture Act is unconstitutional. The case has been ongoing since November 2007 when police raided the Nanaimo clubhouse....
"In his ruling, Davies ordered all of Isnor’s references to police investigations of other 'Outlaw Motorcycle Gangs' removed from the report....
“'My first concern arises from Mr. Isnor’s evidence that not only have his opinions remained fixed for many years, but that he has participated as a leader in the design and implementation of courses for law enforcement personnel on how to provide expert evidence ‘that works’ in rendering opinions on the alleged criminality of the Hells Angels Motorcycle Club as an Outlaw Motorcycle Gang,' Davies said....
“'His evidence on this issue also causes me grave concern about his willingness to discharge his duty fairly and impartially,' Davies said. 'I am not, however, prepared to say that Mr. Isnor’s selectivity on that issue or his misplaced defence of it go so far as to require the exclusion of all of his opinions.'
"The trial is scheduled to resume April 1."
Read more: https://vancouversun.com/news/staff-blogs/real-scoop-ruling-cuts-parts-of-expert-report-in-ha-civil-forfeiture-case
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