Judge allows unusual evidence for biker gang trial

A Nova Scotia judge has allowed prosecutors to employ a little-used type of evidence in an attempt to prove the Bacchus Motorcycle Club is a criminal organization.


A Nova Scotia judge has allowed prosecutors to employ a little-used type of evidence in an attempt to prove the Bacchus Motorcycle Club is a criminal organization.


Normally, extrinsic evidence — something that shows similar misconduct — isn’t allowed at trial. But, in a decision released Monday, Nova Scotia Supreme Court Justice Peter Rosinski ruled it will be permitted in the case against Duayne Jamie Howe, Patrick Michael James and David John Pearce, three alleged Bacchus members facing charges of uttering threats and intimidation to protect their territory.
“I conclude that the probative value of the proposed evidence outweighs any prejudicial effect on the fair trial rights of Mr. James, and that this is also true in relation to Mssrs. Howe and Pearce,” Rosinski said.

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