ANTI-GANG LAW CONVICTIONS COME WITH A HIGH PRICE

$5.5-million case: Landmark verdict convicts four members of the Rock Machine

Paul Cherry, with files from Sean Gordon The Gazette

MONTREAL - The landmark conviction yesterday of four drug dealers under
Canada's anti-gang law cost taxpayers an estimated $5.5-million -- too high
a price, the prosecutor in the case said .

Four associates of the Rock Machine motorcycle gang were the first suspects
related to a biker gang to be convicted under the new legislation.

Jean-Claude Boyer, the Crown lawyer, said the case was "very, very costly"
to meet the legislation's burden of proof and difficult to prosecute.

"On our side there were a lot of expenses involved," Mr. Boyer said of the
prosecution. The expenses include a four-month trial. He estimated more
than $3-million was spent by the Crown.

He said the estimated cost includes $2.5-million spent by Montreal Urban
Community Police to investigate the Rock Machine, in what initially began
as an attempt to link the gang to bombings in the early stages of its war
with the Hells Angels.

Police officers spent two years on the case, and many detectives were
pulled off other cases to sift through hundreds of tapes of conversations
caught on wiretap.

The Rock Machine recently became probationary members of the Bandidos, a
large U.S.-based outlaw motorcycle gang.

While there have been more than 10 sentences rendered under the anti-gang
law since it was adopted in 1997, yesterday's convictions are the first
related to biker gangs.

"This is excellent. We have just broken through the ice," Mr. Boyer said of
the verdict.

"Now we know that there are motorcycle clubs that are criminalized in
Canada and a judge said 'yes,' that gangsterism exists. We have to fight it
and it needs a special penalty."

Jacques Bouchard, the defence lawyer, said he needed time to carefully read
the 157-page decision before he could comment on the verdict.

He would not speculate on whether he plans to file an appeal challenging
the constitutionality of the anti-gang law, but noted that a Superior Court
judge in Quebec City recently ruled the anti-gang law does not violate the
Charter of Rights and Freedoms.

"I don't think it's important because this law will be modified in a few
months," said Mr. Bouchard, referring to Ottawa's plans to toughen legislation.

Sentencing arguments are scheduled to begin on Feb. 27.

Peter Paradis, 34, the only full-fledged member of the Rock Machine to be
arrested in the police operation, eventually became an informant against
his underlings. He was sentenced to seven years in prison after pleading
guilty to participating in gang activity.

"His testimony was more than credible," Judge Robert Sansfacon said of
Paradis. "It was confirmed in numerous aspects by other elements of proof."

The accused were also charged with several other crimes, mostly related to
drug trafficking.

Only four of the eight accused were found guilty of gangsterism. They
include: Eric (Beluga) Leclerc, 30, a biker who defected to the Hells
Angels while awaiting trial; Simon Lambert, 23, who was also convicted of
trafficking in cocaine and marijuana; Mario (Marto) Filion, 24, described
as an important drug courier for the gang; and Phillippe Cote, 32.

The law calls for a maximum 14-year sentence and prison terms must be
served consecutively to those rendered for other crimes.

The other four men were not convicted under the anti-gang law because their
crimes did not meet its requirements. To meet the standards to convict a
person of gangsterism, the prosecution had to prove their criminal acts are
punishable by at least a five-year sentence.

Serge Menard, the Public Security Minister, who has been critical of the
law, reiterated his demand that Ottawa toughen the law.

"We're not saying it is impossible to apply the law, but we have said it is
very difficult to apply the law," Mr. Menard said.

"We need a real anti-gang law. A law that makes it illegal for someone to
be part of a gang."

In Ottawa, Anne McLellan, the Justice Minister praised the law's success.
"I think we will be able to make our anti-gang laws even more effective
than they are now," Ms. McLellan said.

"We're glad to see the law is being upheld and used and where people are
found guilty they're put away," she said.