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Crime

High court won’t hear case involving estate of dismembered multimillionaire

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OTTAWA – When Chinese-born, West Vancouver-based multimillionaire Gang Yuan was beaten with a hammer, shot twice and his body chopped into 108 pieces in 2015, the simplest part of the story ended with a manslaughter conviction, but the fate of Yuan’s fortune remained very unclear.

Now the Supreme Court of Canada has refused to hear an appeal from the woman whose identity is protected by a ban but who is described as Mother 1, the first of five women who had a child with Yuan and who claims to be his spouse.

Thursday’s dismissal of the leave to appeal application ends Mother 1’s lengthy legal battle to be declared his spouse which, because Yuan died without a will, would have entitled her to half of his $7 to $21 million estate while Canadian law would have split the rest among his five children.

The B.C. Court of Appeal upheld a lower-court ruling and dismissed Mother 1’s spousal claim last December, finding no “marriage-like relationship” between her and Yuan, even though the two met before Yuan came to Canada and he supported her in China, where she lived with and cared for his parents.

As is customary, Canada’s highest court did not give reasons for its decision on Mother 1’s application.

The dispute over the estate was brushed with notoriety because of Yuan’s untimely and gory death at the hands of once-favoured business partner, Li Zhao.

Court documents from Zhao’s B.C. Supreme Court trial in 2020 trial show he disapproved of Yuan’s playboy lifestyle and treatment of women but Yuan, Zhao and Zhao’s family shared a large West Vancouver home and got along well enough.

That was until May 2, 2015, when the two fought viciously after Zhao believed Yuan first made disparaging remarks about an invention of Zhao’s and then compounded the offence by offering to marry Zhao’s beloved and only daughter as part of the price of financing the invention.

The documents detail a brutal and prolonged fight between the two men that only ended in the driveway of their home when Zhao, who told investigators he feared “life was at risk,” fired twice at close range from a rifle mainly used for shooting rabbits.

Yuan was hit in the neck and died in the driveway.

In finding Zhao guilty of manslaughter, B.C. Supreme Court Justice Terence Schultes, in his oral ruling delivered in October 2020, said that’s when things became “unquestionably bizarre.”

Zhao attempted to dispose of the body by using power tools to cut it into what the ruling described as “108 discrete fragments.”

The 55-year-old even explained his grisly work in the garage of the home by agreeing with the family nanny, as she passed by, that he had been out hunting and had “hunted a bear.”

Zhao had earlier ordered his wife and elderly mother-in-law away from the scene but they eventually asked a family friend to help them call police and Zhao was arrested at his home the following morning and charged with second-degree murder.

Schultes ruled the Crown failed to prove the necessary intent to convict on that charge and found Zhao guilty of manslaughter and interfering with human remains, sentencing him to 10 years and six months on the two counts.

Because Zhao had never asked for bail while awaiting trial and the case was prolonged by delays related to the COVID-19 pandemic, the sentence handed down almost two years ago was reduced to reflect credit for pretrial custody, leaving a total remaining term of two years, four months and eight days to be served for Yuan’s killing.

.If Zhao did not seek early release, he will have completed his entire sentence by early 2023.

This report by The Canadian Press was first published Aug. 4, 2022.

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Alberta

‘Ludicrous’: Prosecutor questions testimony of teen in Calgary hit-and-run cop death

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By Bill Graveland in Calgary

A prosecutor suggested Wednesday a teen charged with first-degree murder in the hit-and-run death of a Calgary Police Service officer had no reason to believe he was in danger.

Sgt. Andrew Harnett died in hospital on Dec. 31, 2020, after being dragged by a fleeing SUV and falling into the path of an oncoming car.

The alleged driver, who cannot be identified because he was 17 at the time, has testified he was scared when Harnett and another officer approached the vehicle during a traffic stop and he saw Harnett put his hand on his gun.

But during cross-examination, Crown prosecutor Mike Ewenson played the body-camera footage of the stop. He asked the accused, who is now 19, if there was any proof Harnett was being threatening or insulting during the routine traffic stop.

“You brought up George Floyd in your direct examination. Do you remember what happened to George Floyd?” Ewenson asked.

The accused replied: “He got pulled out of the vehicle and I think they stepped on his neck … and he said he couldn’t breathe.”

Floyd was a Black man who was killed during an arrest by Minnesota police on May 25, 2020.

During testimony Tuesday, the teen testified he and his friends had discussed the Floyd case on social media.

“Let’s talk about what we just saw with Sgt. Harnett if we could, because you’re bringing this up at a trial that involves his death,” said Ewenson. “Any abusive language from him?”

“No,” the teen replied.

“Anything that was insulting to your age, your race, your ethnic background or religion,” Ewenson asked.

“Not necessarily, no. Actually, I felt like I was being racialized, right? Just the fact that the door opened and the fact that he asked for my phone number. I’ve never been asked for my phone number.”

Ewenson said any talk of the traffic stop being racist was just something the teen wanted the court to “take his word for” and there’s nothing that would be considered racist from Harnett’s behaviour.

“That’s how I felt,” the accused replied.

The teen repeatedly told Ewenson that he wasn’t sure how he ended up in the neighbourhood. He said he was following his GPS to get to a party. He also said he didn’t know who the third person in the back seat of the vehicle was, who had come with a friend.

Ewenson said it’s unlikely there would be memory lapses after an event that was the “most traumatic, powerful” and “consequential” night of the teen’s life.

“So looking back on it, you realize the story is ludicrous? The story doesn’t make sense, does it?” Ewenson asked. “Everything for you is a mindless reaction.”

The suspect said at the time he panicked and just decided to take off because he was afraid. The teen said looking back, he wishes his decision had been different.

“Look, to be frank to you, I’ve sat for two years in jail and I’ve thought about this over and over and over again,” he said. “It’s different when I think about it now and what I was going through at the moment.”

Ewenson suggested it was more likely something illegal was inside the suspect vehicle that made fleeing a simple traffic stop worth the risk.

Closing arguments in the trial are scheduled for Thursday.

This report by The Canadian Press was first published Sept. 28, 2022.

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Alberta

Incredible luxury homes and vehicles seized in massive international $55 million drug bust with Alberta roots

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Niagara-On-The-Lake home seized by police in Project Cobra operation

News release from the Alberta Law Enforcement Response Team (ALERT)

Project Cobra intercepts $55 million worth of drugs

More than an estimated $55 million worth of methamphetamine and cocaine has been seized following a cross-border investigation by ALERT, RCMP Federal Serious and Organized Crime, and the U.S. Drug Enforcement Administration.

Project Cobra is a nearly three-year organized crime investigation into transnational drug importation, drug trafficking, and money laundering.

Halifax County home seized by police in Project Cobra operation

As the result of enforcement initiatives on both sides of the border, 928 kilograms of methamphetamine and 6 kilograms of cocaine were intercepted. In addition, approximately $7 million worth of assets have been seized or placed under criminal restraint.

Project Cobra relied on the assistance of a number of police agencies and specialized units, including: Calgary Police Service, Edmonton Police Service, U.S. Homeland Security Investigations, U.S. Customs and Border Protection, Canada Border Services Agency (CBSA), Niagara Regional Police, Canada Revenue Agency, Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), and RCMP units in Ontario, Nova Scotia, Saskatoon, North Battleford, Sask., and Osoyoos, B.C.

Lamborghinis and Porsche seized by police in Project Cobra operation

Mercedes-Benz seized by police in Project Cobra operation

Police agencies collaborated to make numerous large-scale drug seizures during the course of Project Cobra. These were shipments destined for Alberta, and included the following seizures:

  • 342 kg of meth in Wyoming;
  • 308 kg of meth in Los Angeles;
  • 137 kg of meth in Calgary;
  • 84 kg of meth in Los Angeles;
  • 50 kg of meth at Lake Koocanusa, B.C.;
  • 7 kg of meth and 1 kg of cocaine in Calgary; and
  • 5 kg of cocaine in North Battleford, Sask.


Nineteen firearms were also seized, which included handguns, rifles, submachine guns, and suppressors.

Seven million dollars’ worth of property, bank accounts, luxury vehicles, and other suspected proceeds of crime has been seized or placed under criminal restraint. This includes a $3.5 million home in Niagara-on-the-Lake, two Lamborghinis, a Porsche, classic cars, and $200,000 cash.

Project Cobra began in 2020 and a series of 11 coordinated search warrants were executed in December 2021. Homes, vehicles, businesses, and storage locations were searched in Calgary, Bedford, Nova Scotia, Niagara-on-the-Lake, Ont., and Leduc County, Alta.

Fifteen people and one business have been charged with 80 criminal offences ranging from participation in a criminal organization, to importation of a controlled substance, to laundering proceeds of crime, to drug trafficking.

The suspects were arrested and charged between May 2022 and August 2022:

  • Elias Ade, 38-year -old from Calgary, charged with 12 offences;
  • Abdul Akbar, 37-year-old from Calgary, charged with 8 offences;
  • Tianna Bull, 25-year-old from North Battleford, charged with 1 offence;
  • Lina El-Chammoury, 50-year-old from Calgary, charged with 2 offences;
  • Russell Ens, 39-year-old from North Battleford, charged with 2 offences;
  • Talal Fouani, 46-year-old from Calgary, charged with 3 offences;
  • Belal Fouani, 44-year-old from Calgary, charged with 3 offences;
  • Kari-Lynn Grant, 51-year-old from Calgary, charged with 4 offences;
  • Scott Hunt, 33-year-old from Calgary, charged with 3 offences;
  • Ricco King, 50-year-old from Bedford, N.S., charged with 5 offences;
  • Jarett Mackenzie, 32-year-old from Calgary, charged with 6 offences;
  • Jesse Marshall, 52-year-old from Calgary, charged with 4 offences;
  • Daniel Menzul, 32-year-old from Calgary, charged with 4 offences;
  • Sean Nesbitt, 44-year-old from Calgary, charged with 3 offences;
  • William Whiteford, 39-year-old from Leduc County, charged with 20 offences; and
  • Fouani Equity Funds Ltd. charged with 1 offence.

Fouani Equity Funds Ltd. is a Calgary-based investment company and was charged with laundering proceeds for an organized crime group.

Members of the public who suspect drug or gang activity in their community can call local police, or contact Crime Stoppers at 1-800-222-TIPS (8477). Crime Stoppers is always anonymous.

ALERT was established and is funded by the Alberta Government and is a compilation of the province’s most sophisticated law enforcement resources committed to tackling serious and organized crime.

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