JUDGE UPHOLDS PRE-RAID SECRECY

Hells Angels Would Have Removed Evidence, Resisted Seizures, Court
Documents Maintain

Police feared Hells Angels would violently resist efforts to seize the
Nanaimo clubhouse and remove incriminating material if they knew there
was going to be a raid, according to court documents.

Police, acting for the provincial Civil Forfeiture Office, burst into
the Victoria Road clubhouse last month and seized it under a new law
that allows seizure of assets believed to have been acquired through
illegal activity.

In reasons for judgment released this week, Justice Daphne Smith said
a closed hearing into the application for the raid was approved
because "the potential for an armed and violent resistance to the
execution of the order was considered to be real."

Evidence reviewed by Smith includes police reports of Hells Angels
involvement in criminal activities ranging from drug trafficking to
murder, and a report from the Combined Forces Special Enforcement Unit
that says the Nanaimo clubhouse hosted parties that facilitated
criminal activities and allowed members to create criminal networks.

Gregory Johnson, a police officer seconded to the unit, testified to
secret assaults at the clubhouse, including one in 2002.

"The victim was a [Nanaimo Hells Angels] member who, in the course of
being expelled from the [club], was seriously beaten and required
admittance to the local hospital for treatment of his injuries," he
said.

"Members of the [Hells Angels] later threatened the victim, who
declined to make a formal complaint."

In another case, a victim reported that a man wearing full Hells
Angels colours threatened him with a handgun. "The victim was too
frightened to pursue charges," say the court documents.

Smith found the evidence established reasonable grounds to believe the
property was being used as an instrument of unlawful activity,
including planning criminal activities, assaults and storage of
illegal weapons and controlled substances.

However, Hells Angels member Fred Widdifield, who is named as a
defendant in the action, along with Lloyd Stennes, Richard Phillips
and Angel Acres Recreation and Festival Property Ltd., scoffed at the
allegations and said the club is not a criminal organization.

Even the secret assault sounds more like a fight, said Widdifield,
noting the victim never pressed charges.

The forfeiture legislation should worry all Canadians, he said,
speculating the club may have to start fundraising to pay for lawyers.

"Where do they draw the line? Your house could be under the microscope
next."

Lawyer Bert King, who is representing the Hells Angels, said he is
concerned about the new legislation and how "criminal organization" is
defined.

"This is not just about the Hells Angels -- this is about the people
of B.C. not having their rights taken away. People have to watch this
very carefully," he said. "You'd better have a good reason for taking
people's assets."

In court yesterday, King was successful in arguing that RCMP lists of
items seized in a December 2003 raid on the clubhouse should not be
handed to the Civil Forfeiture Office without first being inspected by
him so any privileged or irrelevant documents can be removed.

Meanwhile, the initial 30-day forfeiture of the clubhouse is up Dec.
8, and the Civil Forfeiture Office is expected to apply for an extension.

Both sides will eventually end up in court as the forfeiture office
tries to prove the clubhouse is being used for criminal activity, but
that could be at least a year away.