A Saskatoon defence lawyer is challenging the reasons for a search warrant that led to gun and drug charges against Mark Michael Nowakowski, the president of the Fallen Saints Motorcycle Club, whose home was raided in connection with Project Forseti.
The 15-month drug investigation targeting members of the Fallen Saints and Hells Angels culminated in police raids across the province. When police officers stormed into Nowakowski’s home on Jan. 14, 2015, wearing SWAT gear and with their guns drawn, the “violent, aggressive and dynamic” entry wasn’t approved by the justice who issued the search warrant, defence lawyer Nicholas Stooshinoff argued.
Instead, he said it was unnecessary, uncalled for and used to demonstrate the “awesome power of the state.”
The charter application is being heard at Saskatoon provincial court during a voir dire at the trial of Nowakowski and his wife, who was also charged as a result of the search. A voir dire is a trial within a trial to determine the admissibility of evidence.
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Stooshinoff said there is no evidence to justify the alleged crimes that formed the basis for the search warrant. The alleged offences include possession of proceeds of crime, aggravated assault and directing an offence for the benefit of a criminal organization.
The officer who swore an information to obtain the search warrant for Nowakowski’s home relied on gossip and hearsay from Noel Harder, a paid police agent who was a member of the Fallen Saints, Stooshinoff argued.
He told the judge the biggest issue is that the officer had no direct knowledge of the matter and used second-hand information of Nowakowski’s “bad character” to leverage a search warrant.
According to the officer, Harder said Nowakowski gave large amounts of money to other club members to finance their drug transactions, and then laundered their drug money. Stooshinoff argued none of that information was corroborated before the search warrant was issued.
Although Harder secretly recorded Nowakowski stating “we don’t deal drugs as a club,” it isn’t mentioned in the officer’s document, Stooshinoff said. Failing to disclose that creates a misrepresentation of the situation, he argued.
If officers were looking for financial information regarding proceeds of crime, they could have asked for a production order, Stooshinoff said, adding the dramatic SWAT team response was completely unnecessary.
Mark Nowakowski, Fallen Saints, leaving Provincial Court in Saskatoon, January 22, 2015. (Gord Waldner/The StarPhoenix)
Nowakowski is accused of ordering an assault on a fellow club member, who allegedly agreed to take a beating at the Fallen Saints clubhouse in December 2014. Stooshinoff asked what evidence the police would expect to find at Nowakowski’s home that would have anything to do with an alleged assault.
He also cited discrepancies between what Harder said in police interviews and what the officer swore in his document. The officer’s information states Harder saw Nowakowski make decisions on the handing out of violence, even though Harder told police he wasn’t really involved but believed “Mark would have okayed” certain types of violence.
Stooshinoff said those vague observations are concerning, and not acceptable evidence to kick down a door and hold guns to people’s heads.
The federal Crown is expected to make its arguments when the charter application continues on today.
bmcadam@postmedia.com
