A judge found two alleged bike gang members guilty of breaching an undertaking that forbade the pair from having any contact with one another.
Provincial Court Judge John Douglas gave a conditional discharge to both Corey Gordon Falls, 29, and Tristan Edward Watts, 20.
Crown attorney Lisa Goulden was seeking a “short, sharp period of custody.’’
Douglas, however, ruled the offence was a “lower end breach’’ of the undertaking.
The judge determined the initial contact between the pair was incidental when Watts arrived at a Charlottetown restaurant on Nov. 4 several minutes after Falls showed up and sat in an elevated section of the establishment with a group of bikers that he was not prohibited from having contact with.
The two men passed in close proximity as Falls went to the washroom and Watts went to sit with the other bikers.
Douglas noted it would have been prudent if either Watts or Falls made the decision to leave the restaurant or, in the very least, sit in separate areas of the restaurant to avoid breaching the undertaking.
Instead, Falls returned to a booth near a set of tables where Watts was sitting with other bikers.
Douglas said the restaurant’s surveillance video, which was played in court Tuesday, shows communication appears to have taken place between the two tables.
Douglas added Falls made the decision after paying his bill to return to the table to shake hands with two bikers that were seated with Watts.
“In this case, I do find there was contact,’’ he says.
Douglas told Falls and Watts to keep the peace and ordered the pair to each donate $150 to the Humane Society. He also imposed a $100 victim of crime surcharge on Falls and Watts.
Defence lawyer Brendan Hubley argued in his closing submission that there is confusion in law over just what constitutes contact.
He questioned how “regular Joe’’ on the street can interpret the meaning.
Hubley says Watts and Falls did not know each other would be in the restaurant, that they sat at “different sections’’, ate and left separately.
Goulden says the video, along with testimony from an RCMP corporal who witnessed the pair in the restaurant, makes a clear case that Watts and Falls had “actual, real contact.’’
Falls and Watts were placed on an undertaking as a condition of their release following charges of illegal gaming and participating in activities of a criminal organization.
The pair, along with seven other alleged members of the Hells Angels prospect club, pleaded guilty to illegal gaming in March. Charges related to participating in activities of a criminal organization were stayed by the Crown.