Former HA associate avoids jail time

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This article was published 01/12/2010 (5662 days ago), so information in it may no longer be current.

WINNIPEG – A former Hells Angels associate who worked as a Winnipeg ‘dial-a-dealer’ has avoided a jail sentence for his crimes.

Michael Bandusiak was given a two year conditional sentence Wednesday which allows him to remain free in the community under certain restrictions, including a daily curfew.

Bandusiak was convicted earlier this year of several charges, including possession for the purpose of trafficking, possession of proceeds of crime and dangerous driving. The Crown was seeking up to three years in prison.

“I feel like I’ve changed my life 100 per cent,” Bandusiak told court Tuesday. He said he is deeply involved in the lives of his three young children and doesn’t want to be taken away from them.

Queen’s Bench Justice Lea Duval agreed to give Bandusiak a break, saying she believes he has made a fresh start.

“I accept that he has severed those (criminal) ties and that his children are among his primary concerns now,” Duval said Wednesday.

Bandusiak tried to fight his charges at trial, claiming Winnipeg police trampled over his legislated rights. Defence lawyer Barry Sinder argued two officers unfairly targeted Bandusiak because of his known gang affiliation, then breached his charter rights with an illegal stop, search and seizure.

Sgt. Sean Black told court he was working as a plainclothes detective on the afternoon of Sept. 21, 2006 when he and his partner spotted Bandusiak driving past them through the North End and recognized him as having previous links to organized crime.

Although Bandusiak was obeying all traffic laws, Black said they decided to stop him and activated the lights on their unmarked police car, but Bandusiak sped away.

After catching up with Bandusiak, police searched the vehicle without obtaining a warrant and found a rock of cocaine, cellphones and some cash.

Duval eventually ruled both the arrest and seizure of evidence were lawful.

 

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