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August 5, 2009
Biker informant a killer, trial told
A defence lawyer alleges M.H. -- the Crown's star witness -- killed Luis Manny (Chopper) Raposo -- the first of the eight bikers to be shot deadBy JANE SIMS
For more than a week in cross-examination, he's been called a liar. Yesterday, the star witness at the Bandidos trial was accused of being a killer. "I suggest that you shot Mr. Raposo," said defence lawyer Michael Moon, referring to the shooting of Luis Manny (Chopper) Raposo, the first of eight men man to die on April 8, 2006. "You can suggest all you want," said M.H., who began his third week in the witness box. The shocking accusation and M.H.'s denial came at the end of a long day of cross-examination by Moon, who represents Dwight Mushey, 41, of Winnipeg. M.H. and Mushey were members of the fledgling Manitoba Bandidos motorcycle club chapter, along with three others who showed up unannounced at Wayne Kellestine's farm two weeks before the eight Toronto Bandidos were found shot to death. They had come to the farm to "pull the patches" 'from their sponsoring Toronto chapter that had run afoul with its superior club in the United States. M.H. has testified he shot no one that night, but watched seven of the eight men being led to their deaths on the Kellestine farm after Manitoba chapter president Michael Sandham had shot and killed Raposo in the barn. Moon, part of the fifth of six defence teams to cross-examine M.H., called the witness "a liar" from the outset, suggesting M.H. is tailoring his evidence to live up to his immunity agreement with the Ontario attorney-general and avoid prosecution. If M.H. lies, his deal is off. "I say you're a liar and . . . you don't want to go to jail for the rest of your life," said Moon. "I have everything to lose by lying and nothing to lose by telling the truth," M.H. replied. Later, Moon said M.H. was "pedalling as fast as you can" to avoid being charged with murder. "It will be tried someday in a higher court than this," he said, his eyes reddening. At times, there were tense exchanges during some of Moon's barrages of questions over inconsistencies between statements and testimony. "I remember how it happened. I was there," M.H. said. "If I remember correctly, you were not." Moon tried to paint a picture of Mushey as trying to help the other terrified Winnipeg Bandidos who were concerned they would also be shot. Moon pointed out to M.H. that Mushey told him to "be ready" and told accused Brett Gardiner to return to the farmhouse away from the barn. Moon also suggested Mushey left the barn to use a puffer he had for a heart condition that would flare up in stressful situations. M.H. disagreed, saying Mushey would use his medicine wherever he was, "just like for my asthma." Moon wanted to know why M.H. didn't try to get help. "It's not like anyone stood up and said 'hey, what's going on here?" M.H. said. "Like I said, we were all bikers that night." "You were never a biker. You're an informant," Moon said, pointing out M .H. didn't even own a motorcycle. "In that case, just about everybody in the box over there is not a biker, if you want to get technical about it," M.H. replied. Moon suggested victim Michael Trotta had "15 pellets of bird shot in his head" and some of his blood was on a "centre beam" of the barn -- and that M.H. had no explanation. Later, Moon produced a photograph of the shotgun M.H. had that night and said it was loaded with only four shells when it had a five-shell capacity. Moon said M.H. secretly heard Raposo boast he wanted "to plug a hole" in Sandham while hiding behind the barn. Moon suggested Raposo was still on his feet when M.H. went inside the barn and M.H. shot him with his shotgun, grazing Trotta with the birdshot. Sandham had two guns -- a shotgun and a .303. His shotgun wasn't fired, Moon said, and there was no .303 shell in Raposo. Assistant Crown attorney Tim Zuber objected and said Moon was "incorrect." Superior Court Justice Thomas Heeney dismissed the jury for the day. Moon also proposed M.H. had more to do with the death of George "Pony" Jessome than just watching Kellestine shoot him in the head and chest after seating him in the cab of Jessome's tow truck. The trial resumes today. jane.sims@sunmedia.ca THE DEAD George Jessome, 52; George Kriarakis, 28; John Muscedere, 48; Luis Raposo, 41; Frank Salerno, 43; Paul Sinopoli, 30; Jamie Flanz, 37; and Michael Trotta, 31. THE ACCUSED Wayne Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 25, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg. arson: One tenant, Morgan McLean, is fighting for his life after suffering burns and smoke inhalation in the blaze early Monday |