By paNOW

Closing arguments made in trial of former Hell’s Angel

Oct 15, 2014 | 10:52 AM

Closing arguments have been made in the case of a former Hell’s Angels member on trial for uttering death threats against his ex-employer in Saskatoon.
 
Leonard Banga, owner of Xtreme Mining and Demolition, alleges that Jesse Bitz threatened to kill him and his family after Banga confronted him about concerns he’d been hearing from other employees, including that Bitz had been sleeping on the job.
 
Bitz’s one-day trial took place Tuesday at Saskatoon Court of Queen’s Bench. He’s charged with three counts of uttering threats to cause death to Banga and his family.
 
Although Banga recorded two conversations between him and Bitz, neither contained the alleged death threats, defence lawyer Morris Bodnar argued in court Wednesday. Out of the four conversations the men had, Banga alleges the death threats were made during the two conversations that were not recorded.
 
Therefore, the judge would have to consider whether or not Banga is a credible witness. Bodnar argued that his evidence should be rejected, and that he essentially fabricated the death threats because he was angry that Bitz quit his company and was applying for a job at Agrium.
 
Banga testified that he fired Bitz during their first phone conversation on Dec. 23, 2012, at which time he alleges Bitz made the first death threats. However, Bodnar said Bitz quit because his employer was making false allegations, adding that Bitz had no reason to threaten Banga or his family.
 
He pointed to how in the first recording, which was the second phone conversation the men had on Dec. 23, Bitz could be heard saying “my connection with you is done from here on in.” In the second recording when the men met in person eight days later, Bitz told Banga “we’re done” multiple times, Bodnar told the court. He said both statements were clear signs that Bitz had quit.
 
Bodnar said even though Banga tried “egging” Bitz on in the recordings by asking if he would “get his buddies” to beat Banga up, Bitz did not reply. He was only concerned about securing a job at Agrium, Bodnar said, and even though he was angry that Banga prevented him from getting the job, he did not threaten to kill him or his family.  
 
If the judge is left with a reasonable doubt that Bitz uttered threats to cause death, Bodnar argued that uttering threats to cause bodily harm should not be a possibility either. Even though Bitz admitted he threatened to hurt Banga, threat to cause bodily harm is not an included offense, Bodnar said.
 
But Crown prosecutor Jennifer Claxton-Viczko told the judge that it is an included offense, and that if he acquits Bitz on the charge of uttering threats to cause death, he could still convict Bitz for threat to cause bodily harm.
 
She said Banga didn’t “pick and choose” what he recorded; he had no reason to record the two conversations where Bitz made the death threats because the nature of those conversations was unexpected. Claxton-Viczko also pointed out how Banga’s wife, Michelle, testified hearing Bitz threaten to kill her husband while the men were talking on the phone, and that she became so frightened she immediately closed the blinds.  
 
That was why Banga called Bitz back and recorded that conversation, Claxton-Viczko said. Even though Bitz did not threaten to kill Banga, she said Bitz was “clearly irate” when he told Banga “I’ll f— you up.” She argued the fact that Bitz texted Banga “you just called a Hell’s Angel an idiot, now who’s the idiot,” was “clearly used for intimidation purposes.”
 
Claxton-Viczko said the concept that Bitz was such an “important employee” that Banga made-up the death threats in order to get back at him for leaving his company was implausible.
 
Justice Neil Gabrielson will deliver his verdict on Oct. 31.

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