A simple plan to strip eight men of their Bandido biker gang affiliations turned instead into one of Ontario's worst mass killings because one man, Wayne Kellestine, harboured murderous intentions not shared by his co-accused, a defence lawyer told court Monday.
Kellestine is one of six men who have pleaded not guilty to eight counts of first-degree murder in the deaths of eight men, who essentially comprised the Toronto Bandidos chapter. Their bodies were found stuffed into vehicles and left near a farmer's field on April 8, 2006, just down the road from Kellestine's property in southwestern Ontario.
Court has heard evidence that Kellestine was a Toronto Bandido who had been ordered by American Bandido officials to turn against his biker brothers, pull their patches and form a new Canadian Bandidos chapter. Most of the other accused men are alleged members of the probationary Winnipeg Bandidos, and court has heard there were rising tensions between Winnipeg, Toronto and factions in the U.S.
After six months of testimony from more than 70 witnesses, closing submissions in the mammoth trial began Monday.
For the men to be convicted of first-degree murder the Crown must have proved beyond a reasonable doubt that their was a plan to kill the eight men. In his closing address Tony Bryant, the lawyer for Marcelo Aravena, suggested only one of the accused knew the night wouldn't end with pulling patches.
"Wayne had a different plan all along," Bryant said. "He took matters into his own hands."
Bryant's submissions took the unusual form of a folksy letter from Aravena to his dad, even beginning his address to the jury by saying "Dear dad," and throwing in near the end: "I can't wait to hear Tony knock 'em dead today."
"(Wayne) had a different plan the whole night, dad, and I had no idea what he was doing," Bryant read. "What a jerk."
Aravena was one of two of the defendants -- Michael Sandham being the other -- to take the stand in their own defence. He testified he saw Kellestine shoot two of the men point blank.
Court has heard testimony that the Toronto men were called to Kellestine's home that night for a meeting, and when they were gathered in the barn the first shot came from Luis Raposo, a Toronto member, Sandham testified.
Sandham, already holding a gun in his hand and wearing a bulletproof vest, flinched when he was shot and that's why his gun went off and shot Raposo, who later died lying in his own blood on the barn floor, court has heard.
In his closing submissions Monday, Sandham's lawyer Gord Cudmore suggested even though Sandham -- an ex-police officer -- admitted shooting Raposo, he should be found not guilty because it was self-defence, having earlier overheard Raposo talking about killing him.
After Raposo was shot, the other seven were led out of the barn one by one, never to return, court heard. The jury heard conflicting testimony about who saw who kill which men, and who led the men out of the barn, though much of the testimony fingered Kellestine.
Much of the evidence of what took place at Kellestine's farm came from the Crown's star witness -- the only person present that fateful night who is not dead or on trial. An informant now under witness protection, he is known only as MH to protect his identity. He was a member of the probationary Winnipeg Bandidos chapter.
He testified he saw Kellestine shoot one of the men -- other than the two Aravena testified about -- two times at close range. MH and Aravena both testified they saw Sandham shoot another man, Jamie Flanz.
Cudmore, Sandham's lawyer, attacked MH's credibility, painting him as a lying cocaine dealer who was only looking out for himself when testifying, and reminded the jury that MH got a deal in exchange for his story. And it was just that, Cudmore said.
"(MH's) story is indeed based on true events," he said. "He has a deal for immunity and to keep that deal he has to tell a truth -- his truth."
But Sandham has also admitted lying, which makes him a bit like the boy who cried wolf when asking the jury to believe his version of events, Cudmore said.
"Because of the lies Michael has admitted telling he has become his own worst enemy," Cudmore said.
"(But) on the things that matter I submit to you he is telling the truth...Credibility and truth are not synonymous."
There was no plan to murder, Cudmore said. At most it was a plan to pull the men's Bandido patches at gunpoint, and had Raposo not shot Sandham first, "we might not even be here," he said.
Greg Leslie, lawyer for Frank Mather, also gave his closing submissions, heavily stressing that there is no solid evidence to suggest Mather was a Toronto Bandido, Winnipeg Bandido, or even a Bandido associate.
Mather was there that night because he and his girlfriend were staying at Kellestine's place, and the fact that he was present for what's believed to be the largest mass slaying in Ontario's history was unfortunate for him, Leslie said.
"Mr. Mather did not know what was going on. He didn't even know that there was a patch-pulling," Leslie said.
"Wrong place, wrong time -- that's exactly what this is."
The victims were George Jessome, 52, George Kriarakis, 28, John Muscedere, 48, Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Flanz, 37, and Michael Trotta, 31.
Sandham, Mather, Aravena, Brett Gardiner, Dwight Mushey and Kellestine face eight counts each of first-degree murder.
Submissions are to continue from the lawyers for Gardiner, Mushey and Kellestine before Justice Thomas Heeney gives his charge to the jury and they begin their deliberations.
