Another loss for BC’s Director of Civil Forfeiture in the court battle against the Hells Angels.
The BC Court of Appeal has dismissed the director’s appeal of a BC Supreme Court ruling that said affidavits in support of a 2003 search of the Nanaimo clubhouse should be unsealed, so the defence can challenge their admissibility.
The evidence from the “Project Halo” investigation is part of an attempt to have the Hells Angels clubhouse and other assets forfeited.
While the Director said Davies ” misapplied the test” that deals with applications to open a wiretap packet brought by a non-accused person, the defendants argued there was no error.
They also said the court of appeal had no jurisdiction over the case, because it is criminal in nature.
And Justice David Frankel agreed about jurisdiction, dismissing the appeal.
Last week, the Director lost two other preliminary rulings in the attempt to seize the motorcycle gangs assets.