B.C. JUDGE APOLOGIZES FOR USE OF PROFANITY

Hells Angel Trial

VANCOUVER - B.C. Supreme Court Justice Peter Leask gave a heartfelt
apology yesterday for profanity he used earlier in the week during
the Crown's closing arguments in the drug trafficking case of a Hells Angel.

Vancouver's Courtroom 55 was packed for the special sitting arranged
by Chief Justice Donald Brenner at Mr. Justice Leask's request over
the public controversy that erupted when transcripts were obtained by
the media of the swearing on Tuesday morning, which took place while
a school group was in the public gallery.

"I know you are all aware of the circumstances surrounding my
completely improper use of language during closing submissions in
Regina v. Hehn," Mr. Justice Leask began, reading his statement
slowly and clearly. "Today I wish to apologize to the public, to any
members of the public who were in court on Tuesday, including
especially the school children, the lawyers of the province, court
staff, judicial administrative staff, and all members of this court,
past and present, as well as members of other courts of this
province. The language I used had no place in court. I was wrong in
using this language. I hereby wish to make an unreserved apology to
all those I have enumerated and acknowledge that my behaviour was inexcusable."

Mr. Justice Leask acquitted Glen Jonathon Hehn, a fullpatch member of
the elite Nomads chapter of the Angels, on Wednesday on a cocaine
trafficking charge, saying he accepted Mr. Hehn's testimony that he
was unaware a friend had been using Mr. Hehn's storage locker to
stash 52 kilos of cocaine.

A day earlier, as federal prosecutor Ernie Froess made his closing
submissions in the case, Mr. Justice Leask used profanity four times,
according to a transcript.

When Mr. Froess argued that the locker where a large volume of
cocaine was located was rented by Mr. Hehn, Mr. Justice Leask said:
"But to be really clear, he'd have had to have been out of his
f---in' mind to store it in his own locker, all right? I mean, that's
for sure he wouldn't do that. Let's not spend any time on that theory."

Mr. Froess then argued that the accused's friend would have been a
fool to secretly use the locker of a Hells Angel.

Mr. Justice Leask described what might have been going through the
other man's mind, though theman did not testify.

"On the one hand, he can minimize his risk of detection and
apprehension by just aborting the whole f---ing thing, right? And
saying, 'I thought I was going to do these things, but I'm not going
to do them,' it's just this morning is not working out for me, or he
can try and make the best of things," Mr. Justice Leask said.

He also swore twice more during the morning arguments, while a group
of school children, touring the courts for educational purposes, sat
in the public gallery.

Mr. Justice Leask, a prominent defence lawyer until he was appointed
to the B.C. Supreme Court in November, 2005, sounded emotional during
yesterday's apology.

"In the circumstances, I can only humbly request that members of the
public, the court and judicial staff, the bar and my past and present
judicial colleagues will accept my unreserved apology in the spirit
in which it is offered," he said.

"To the extent that my conduct has damaged the reputation of the
court, it pains me greatly and I am particularly anxious that my
colleagues recognize my contrition."

He also said he did not want his conduct to reflect poorly on the
"judiciary as a whole or my arduously working colleagues." "I deeply
regret my actions. They will not be repeated," he said.

Defence lawyers, prosecutors, reporters and sheriffs joined members
of the g eneral public for the unusual event. The consensus
afterwards was that Mr. Justice Leask did the right thing to end the
controversy by apologizing.