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British ColumbiaA lawyer for David Francis Giles denied Thursday there was any direct evidence that the senior Hells Angel member was involved in running a drug-trafficking ring out of the East End chapter's Kelowna clubhouse.Revell and Rempel are also charged with trafficking cocaine. The three men were arrested after police seized eight kilograms of cocaine from a storage locker and a vehicle in the Kelowna area in 2005. Crown has argued Giles kept himself well insulated from the handling of the drugs but was in charge of a "cell" that had him giving orders to Revell, who in turn dealt with Rempel, the man at the bottom of the ladder.But lawyer Richard Fowler told B.C. Supreme Court Justice Anne Mckenzie yesterday that there was no evidence of a "particular act" that proves Giles was in any way linked to the drugs.He said there was no proof that Giles had knowledge of or was in control of the drugs, no proof of any financial transactions and no evidence linking Giles to sums of cash.
"This is not a relationship in which Mr. Giles is directing anybody to do anything," he said in final submissions. "The kind of thing you see in drug cases is completely absent in this case for Mr. Giles."Fowler singled out an intercepted communication from a bug placed in Giles' home in May 2005 in which the Crown claims Giles confidently predicts: "We'll get back up," after discussing the loss of the kilos of cocaine with Revell.He argued that the call, pivotal to the Crown's argument that Giles knew about the trafficking activity, was inaudible and hard to tell who is speaking. The call was replayed three times, once at the request of the judge.
"The Crown takes evidence and molds it to fit their theory but it is ill-fitting at best," claimed Fowler.
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