Known Terror Squad gang member Kevin George Ackegan pleaded guilty in Prince Albert Provincial Court to weapons and drug-related charges avoiding a trial.
Forty-year-old Ackegan was arrested by Prince Albert RCMP Integrated Crime Reduction Team during a traffic stop on Feb. 26, 2020. When police searched the vehicle they found two firearms, ammunition, a machete, a knife, bear spray, hydromorphone, methamphetamine, and Gabapentin pills. They also found U.S., Jamaican and Canadian currency.
On Nov. 30 Ackegan changed his plea from not guilty to guilty.
Before Ackegan’s trial, his lawyer Dale Blenner-Hassett, filed a Charter application asking the court to exclude the evidence seized during the traffic stop. Blenner-Hasset challenged whether the arresting officer had a reasonable belief that an offence was being committed.
The court heard that the arresting police officer was working for the RCMP Integrated Crime Reduction Team that investigates gangs, guns and drugs. At about 8 a.m. on Feb. 26, 2020, the officer got a call from a source that told him Ackegan was in possession of guns and told him where he was in Prince Albert. The officer had used the source on eight previous occasions. The officer testified that the source has a criminal record.
The court heard that the arresting officer also knew Ackegan. He had charged Ackegan previously in 2017 with breaching his parole by associating with known gang members and at the time of that arrest, Ackegan was a member of the street gang Terror Squad.
On Feb. 26, 2020, when the officer received the information about Ackegan, he conducted surveillance at a residence on the 800 block of 14 Street West in Prince Albert.
Another officer testified that he watched the residence for about three hours and at about 11:20 a.m. Ackegan came out of the residence and started loading several bags into the back seat and trunk of a vehicle. A woman was driving the vehicle and Ackegan was the passenger. Both officers testified that in their experience, guns could be concealed in bags.
The officer who took the call from the informant testified that he conducted a CPIC inquiry on Ackegan, which confirmed he was prohibited from possessing firearms.
The woman and Ackegan drove a few blocks before stopping at another residence. At this point the officers made a traffic stop and arrested Ackegan. One of the officers drove the vehicle to the police station where it was searched and police found guns in the bags, ammunition, drugs, and a cell phone.
Crown Prosecutor Andreanne Dube argued that the search of the vehicle was justified as a search incidental to the lawful arrest of Ackegan.
During cross-examination, Blenner-Hassett asked one of the officers the identity of the confidential informant. Judge H. M. Harradence, however, said the informant’s identity shouldn’t be disclosed and the court must ensure confidentiality is maintained.
Judge Harradence dismissed the defence’s Charter application to have the evidence thrown out. He said he accepted that the arresting officer had information from a source that the accused was in possession of guns and that the information was current and firsthand because the source actually saw what was reported.
Judge Harradence said there was some indication of past credibility of information from the source, three hours of surveillance that corroborated Ackegan was at the residence and was loading bags into the trunk and back seat of the vehicle.
Judge Harradence also said that police testified they have investigative experience that guns have been concealed in bags and the arresting officer had personal knowledge of Ackegan’s history with illegal firearms and association with known gang members.
“I find a number of factors persuasive of a strong connection between Ackegan and the illegal possession of firearms,” said Judge Harradence.
Judge Harradence ruled that Ackegan’s rights weren’t violated.
“In these circumstances, I find that the arrest and search of this accused and the vehicle was reasonable and lawful.”
Ackegan will be sentenced in Prince Albert Provincial Court on Feb. 2.