Mike on Crime

By Mike McIntyre
Winnipeg Free Press

The long-time president of the Manitoba Hells Angels was sentenced to 13 years in prison today after being convicted of drug trafficking following an elaborate undercover police sting operation.

Ernie Dew was caught on audio and video surveillance doing four separate kilogram-level cocaine deals with his former friend turned police agent Franco Atanasovic.

“Dew is not a young man. He is present 48 years of age, with a prior penitentiary record and prior involvement in cocaine trafficking,” Queen’s Bench Justice Brenda Keyser said in her decision.

“The prior penalties have obviously not been sufficient to deter Dew’s latest involvement. The court must not lose sight of the devastating effects of cocaine, not only on the addicts who use it and commit crimes to pay for their habits, but also for their families and society at large.”

The Crown called Dew a commercial drug trafficker who was at the “highest level of sophistication.”

Dew had asked for a sentence between seven and eight years. He has also agreed to serve an additional year behind bars if he doesn’t pay a $31,000 fine and will forfeit his home in St. Andrews, where some of the drug deals went down.

Dew will receive the normal double-time credit of 54 months for the 27 months he’s already spent in custody.

Dew was arrested in February 2006 after being double-crossed by Atanasovic, who agreed to infiltrate the outlaw motorcycle gang and work undercover as a police agent.

Police arrested a dozen other targets as part of “Project Defence.”

Dew lost his case at trial but planned to launch a legal challenge claiming that he was the victim of police entrapment. Defence lawyer Sarah Inness argued police induced her client to sell drugs and that all charges should be dismissed.

At issue was the police use of Atanasovic, a career criminal they paid more than $525,000 to infiltrate the Hells Angels beginning in 2005. He wore a secret wiretap and allowed police to gather video surveillance of drug deals going down.

The entrapment issue was set to be argued last month but Dew made a last-minute decision to drop the challenge and proceed straight to sentencing.

Dew was caught on candid camera making several deals with Atanasovic. He opted to act as his own lawyer at trial, although Keyser appointed Inness to represent him for the purpose of cross-examining Atanasovic. There was no jury.

Inness then remained on the case, conceding during closing arguments that Dew is guilty on six of the seven charges he faces – provided the evidence is later proven to have been obtained legally.

The only charge left for Keyser to rule on involved a cocaine deal at Dew’s home which happened while he was out of town. Keyser found him guilty as charged, even though the deal was done by Dew’s wife, Vera. Keyser said the evidence shows Dew had arranged it.

Vera Dew has previously pleaded guilty to drug trafficking and is currently serving a four year prison sentence. Eight other accused also admitted responsibility and have been sentenced to terms not exceeding seven years.

The Crown said Dew should be given a punishment similar to full-patch member Ian Grant, who is the only other accused to fight the allegations at trial.

Grant was convicted of eight of nine charges last spring including drug trafficking, extortion and possession of proceeds of crime. He was sentenced to 15 years behind bars – 12 of which was allotted for his drug offences.

Inness said her client is a hard-working man who held down an honest job as a mechanic and snow-clearer but turned to selling drugs to subsidize his meager income that allowed for a modest survival.

“This is not an individual who made it his life’s desire to be a drug trafficker, reap the profits from that and live a lavish lifestyle,” she said.

Inness said the loss of his family home is a significant blow which should be given credit by the courts.