Nova Scotia, Canada (October 22, 2018) BTN — A justice of the
Nova Scotia Supreme Court has reserved his sentencing decision in the case of
three members of the Bacchus Motorcycle Club who have been convicted of
extortion and intimidation.
In convicting Patrick Michael James, 51, Duane Jamie Howe,
49, and David John Pearce, 44, Justice Peter Rosinski also said that the Bacchus motorcycle club is a criminal organization, the first time that designation has been made in
Nova Scotia.
The men were convicted in a trial this summer. The convictions stem from incidents in 2012 involving a man
whose identity is protected by a publication ban.
The man tried to open a chapter of the Brotherhood
Motorcycle Club in Nova Scotia. It is not an outlaw gang, but it uses vests and
patches similar to those worn by outlaw riders.
Man ordered to disband club
When the Bacchus members saw social media posts of the
Brotherhood club, they ordered the man to disband the club and destroy the
patches. He was to provide proof by showing the shredded patches to Bacchus
members.
Later, Pearce and Howe spotted the man at a Bikers Down
event. They confronted and threatened him, prompting the man to sell his
motorcycles and install a panic alarm in his home.
Sentencing arguments began Monday
In his sentencing submissions, Crown prosecutor Glen Scheuer
argued that the criminal organization designation was one reason the sentences
should be substantial. He recommended a five-to-six year sentence for James and
four-and-a-half to five-and-a-half year sentences for Howe and Pearce.
Scheuer submitted photographs taken from Pearce's Facebook
profile which show the man wearing T-shirts and sporting decals on his
motorcycle that were supportive of motorcycle gangs.
Scheuer said the social media posts included the phrases
"Police and government are very corrupt" and "All cops are
bastards."
Bacchus tattoo in police photos
Patrick MacEwen, Pearce's lawyer, said that wearing clothing
that supports these groups is not a crime and the clothes are readily available
for purchase by any member of the public.
MacEwen also said that Pearce is showing a Bacchus tattoo
with the dates 2010 to 2012 in one of the photos introduced by police. MacEwen
said any member who leaves the gang in good standing must put an end date on
his tattoo and that's what his client did.
MacEwen and the other two defence lawyers also pointed out
that all three men have avoided any further run-ins with the law in six years
it has taken the case to make its way through the courts.
He recommended a sentence of six months for Pearce, who was
the only one of the three to accept the judge's invitation to address the
court.
"Ever since when this happened I do regret that it
happened," Pearce said. The Crown had argued that all three men showed no
remorse for their crimes.
Trevor McGuigan, the lawyer for James, recommended a
two-year sentence for his client.
McGuigan said James has been taking care of his father and
breeding rare dogs, while avoiding any further criminal activity. McGuigan said
there was no physical violence in this crime.
Pat Atherton represents Howe. He said his client should be
eligible for the shortest possible sentence.
Atherton said if it wasn't prohibited by case law, he'd be
arguing that Howe get a sentence in the community. Instead, he suggested a one-year
sentence would be sufficient.
He questioned a forfeiture order the Crown had requested,
saying there was no proof some of the items seized from Howe's home were
associated with any crime.
He mentioned a brass ring with a one per cent symbol on it.
Gangs like Bacchus and the Hells Angels are known to use the one per cent
symbol to identify themselves as the one per cent of motorcycle riders who are
considered outlaws.
Rosinski will hand down his decision Nov. 7.
