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Tuesday, 17 July 2012

Calgary gangster will remain in jail before deportation to Vietnam, judge rules

23:25 |

A man with violent gang ties will stay behind bars awaiting removal to Vietnam because he poses a danger to the public being caught in crossfire, officials say. Tien Ngoc Ho has been shot twice by a rival gang and his affiliation with FOB Killers is enough to warrant keeping him in custody until he is deported, an immigration hearing ruled today. “Your friendship or association with the FOB Killers puts you or anyone in proximity to you of being in caught in firearms crossfire,” said Immigration and Refugee Board member Leeann King. “You and several of your friends have been victims of targeted shootings committed by members of the rival FOB gang.” An ongoing feud between the two groups is believed responsible for at least 25 homicides since 2002. Ho, 25, will remain in custody awaiting deportation. He was released from Drumheller Institution last week but immediately taken into custody by Canada Border Services Agency. Ho was convicted of being in possession of seven loaded handguns, five of them seized from the garage of his home in Panorama Hills Rise N.W. and two from a hidden compartment in the glove box of a car in March 2009. Prohibited devices -- an extended magazine and a silencer -- were also seized. Ho denies to authorities he is part of the gang, but he was photographed in the company of gang members in Drumheller Institution last year. “Your friendship and association with FOB Killers is still existing,” King said. Ho is appealing his weapons convictions in October, and hopes success will stay his deportation order so he can remain in Canada with his parents, siblings, girlfriend and son. Ho was sentenced to six years, but was credited for time served awaiting trial, and was granted statutory release. While serving 26 months in Drumheller Institution, Ho was assessed as having an anti-social personality disorder, and showing no remorse. “You deny responsibility for your crimes. Denial of responsibility does call in to question for me your commitment to abide by a non-association condition,” said King. Ho’s defence lawyer earlier asked that Ho live with his parents in their southeast suburban home under house arrest until his removal. But they appear to have little control over him, King said. “Your parents don’t appear to have had much influence to date with respect to your behaviour,” said King. “Your parents were not aware of these loaded weapons in their house. It is apparent from that to me that your parents don’t appear to be able to monitor your behaviour and would not likely be able to ensure your compliance with conditions.” Ho immigrated to Canada as a child with his family in 1992. There was no evidence that Ho would have run to avoid being sent back to Vietnam, and he has already made arrangements to live with his grandparents, the hearing was told. Ho is subject to a deportation order to Vietnam, without right of appeal. But his lawyer says he will be seeking a stay of removal to the federal court pending the outcome of his criminal conviction appeal. He remains behind bars in the Remand Centre. Another detention hearing is set for Tuesday morning. Ho poses a public danger as a target of an ongoing gang feud, and would undoubtedly arm himself for protection if released from custody, Crown lawyer Stephanie Mathyk-Pinto has said.

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