Pubdate: Wed, 18 Sep 2002
Source: Edmonton Journal (CN AB)
Copyright: 2002 The Edmonton Journal
Contact:  http://www.canada.com/edmonton/edmontonjournal/
Details: http://www.mapinc.org/media/134
Author: Gordon Kent

WITNESS PROGRAM USED TO ESCAPE DEBTS: LAWYER

The case against three Hells Angels accused of beating and robbing another 
man has collapsed amid claims their alleged victim concocted his story so 
he could use a witness protection program to escape drug dealers and erase 
his child-support debt.

"The taxpayers of Canada may be appalled to learn how much public funds 
were expended either to or on behalf of this witness," defence lawyer Bill 
Tatarchuk said Tuesday.

"A witness whose evidence is bought and paid for surely isn't as credible 
as one who comes forward for altruistic reasons." he added.

Tatarchuk is the lawyer for Deveron MacKay, one of three men arrested four 
years ago on charges of robbery and assault.

The charges against the trio were stayed, or essentially dropped, last week 
because of problems with the evidence, said Edmonton police spokeswoman 
Annette Bidniak.

"Police discovered new evidence recently that could call into question the 
credibility of a witness, and police passed this information on to the 
Crown, " Bidniak said.

She wouldn't indicate which witness was involved.

But Tatarchuk said it was the alleged victim, a man who is not a member of 
the Hells Angels and who knew his client for 20 years.

Tatarchuk and his fellow defence lawyers claimed the man, who was first 
considered for the witness protection program three days after going to 
police May 23, 1998, fabricated a story that the bikers beat him up and 
stole his property to collect a debt.

The man knew that if he made serious allegations against Hells Angels, he 
could go into witness protection, escaping drug dealers and other people to 
whom he owed money, the defence said.

Among other debts, they said the program paid more than $50,000 the man 
owed for child support, after first paying a lawyer for his unsuccessful 
attempt to have the arrears eliminated.

In one written argument filed last year, Tatarchuk contended officials 
didn't want to release financial information in the case because they hoped 
to stop such embarrassing details from becoming public.

"The federal government does not want disclose the fact that, in their zeal 
to prosecute bikers, they, with public monies, not only retained counsel 
for the 'dead beat dad,' but also funded a motion to deprive the 'dead beat 
dad's' children of living expenses."

Tatarchuk said the taxpayers also paid to move the man out of Alberta and 
covered his medical and dental bills as part of the deal.

Federal Justice department lawyers fought hard during lengthy pre-trial 
motions to keep specifics of the man's deal secret.

Cpl. Jeff Frisbee testified in 2000 that seemingly unimportant details 
could be pieced together and lead someone to his current home or identity.

Going into the program isn't a picnic for participants, who must say 
goodbye to family and friends, said Frisbee, now retired.
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