DECISION MADE NOT TO CHARGE MOLE, COURT TOLD

RCMP Agent Allegedly Instigated Attack

SHANNON KARI

VANCOUVER - Two jail guards allegedly attacked by an enraged
undercover RCMP agent testified that they were urged by police to let
the matter drop because it could hurt a major investigation into the
Hells Angels.

The December of 2004 incident at a gym in New Westminster is the
latest in a series of allegations that the agent, Michael Plante,
engaged in assaults, threats and drug trafficking while under the
direction of police during the E-Pandora probe.

Mr. Justice Victor Curtis has heard 50 days of testimony in an
abuse-of-process motion filed by Nima Ghavami and Ronaldo Lising, who
are on trial accused of trafficking one kilogram of
methamphetamine.

The defendants are asking the B.C. Supreme Court judge to dismiss the
charges because of Mr. Plante's conduct.

The former strip-club bouncer and enforcer, who is alleged to have
trafficked in steroids, has received more than $600,000 from the RCMP
for his work in the E-Pandora investigation. He is scheduled to be
paid another $500,000 after testifying at four criminal trials.

The incident at the New Westminster gym occurred a few days before
Christmas of 2004, Gaelen Joe, a guard at Matsqui Institution in
Abbotsford, testified.

Mr. Joe and fellow jail guard Jason Palmer were working out when Mr.
Plante allegedly began a confrontation when he was asked by Mr. Palmer
how much longer he would be using some weightlifting equipment. Mr.
Plante is 5 foot 8, weighs 240 pounds and has admitted to using
steroids while he was a police agent.

Mr. Palmer was suddenly "punched and then punched again" by Mr.
Plante, who was wearing a "known associate" T-shirt, in reference to
his link to the Hells Angels, Mr. Joe said. The police agent is also
alleged to have hit Mr. Palmer on the head with a metal weightlifting
bar.

John Punko, an alleged full patch Hells Angels member in Vancouver who
is facing a number of charges in a forthcoming trial, and Mr. Ghavami
were also involved in the confrontation, Mr. Joe said.

But it was Mr. Plante who appeared the most agitated. "He was quite
angry," said Mr. Joe, who testified he saw Mr. Plante punching the
wall at one point.

"We were very lucky to get out of there," the witness said. "We could
have been very seriously hurt."

Both jail guards gave statements to New Westminster police. Four
months later, Mr. Joe said he was informed a suspect had been
identified, but it was a police agent. "I couldn't believe it," the
jail guard said. "You're kidding me."

Mr. Palmer testified that he was led to believe the RCMP did not want
any action taken against Mr. Plante. "We felt obligated as team
players in the justice system," Mr. Palmer said. "It would be better
if we didn't pursue it."

RCMP Chief Superintendent Bob Paulson, who headed the E-Pandora probe,
testified this month that he met with the chief of police in New
Westminster a few weeks after the incident.

Chief Supt. Paulson consulted with the senior prosecutor in the region
and told New Westminster police the main suspect was a police agent
who was wearing a recording device, although Mr. Plante's name was not
revealed.

The audio recording of the incident was not given to New Westminster
police until October of 2005, well after the six-month deadline to lay
an assault charge that would be prosecuted in Provincial Court.
Ultimately, no charges were ever laid.

The $7-million E-Pandora probe resulted in criminal charges being
filed against 18 people in July of 2005. The charges against Mr.
Ghavami and Mr. Lising are among the least serious. If Judge Curtis
ultimately dismisses the charges it could have a significant impact on
the prosecution in the other trials because of the impact on the
credibility of Mr. Plante.

RCMP Assistant Commissioner Gary Bass, the head of its criminal
operations in B.C., is scheduled to testify in the abuse-of-process
motion on Wednesday to provide more details about the use of Mr.
Plante in the E-Pandora probe.