Gangster loses appeal of firearms convictions

A south Vancouver gangster has lost his bid to have several firearms convictions against him thrown out.

Boby Sanghera, 37, had argued to the B.C. Court of Appeal that the evidence used against him at trial should have been excluded because it had been discovered without a warrant.

Sanghera and others police suspected of being involved in a gang conflict back in 2008 were arrested when the Emergency Response Team pulled over their Chrysler in November 2008.

Officers found three loaded, semi-automatic handguns in the vehicle – leading to Sanghera’s 2012 conviction and a seven-year sentence.

On appeal, Sanghera’s lawyer argued that police had insufficient grounds to pull over the vehicle and therefore the evidence seized without a warrant should not have been used to convict him.

He also said B.C. Supreme Court Justice Heather Holmes had erred by allowing the guns into evidence.

But Appeal Court Justice Edward Chiasson disagreed in a ruling released Friday.

Chiasson said Holmes took the circumstance of the warrantless search into consideration and concluded that the lead investigator was concerned Sanghera and his associates were about to commit a crime when they were pulled over.

“Had he failed to act and violence ensued, he may very well have been open to criticism,” Chiasson said. “All of the indicia available to the lead investigator suggested that the appellant and his cohorts were set to do violence.  The violence may have been contained between the two groups or it may have overlapped to affect innocent members of the public.”

Chiasson noted that the Vancouver Police investigation, dubbed Project Rebellion, began because of an escalating conflict between the Sanghera crime group and other south Vancouver gangsters.

“The facts showed an escalating risk of violence.  The lead investigator acted reasonably and responsibly to avoid the realization of that risk,” he said.

Appeal Court Justices David Tysoe and Richard Goepel agreed with Chiasson in dismissing the appeal.

Chiasson summarized the events leading up to Sanghera’s arrest almost seven years ago.

“On November 8, 2008, the lead investigator was advised that an informant stated that the Sangheras were in `hunt mode,’ were wearing ballistic vests, were armed and hunting the Manj group,” the ruling said.

“Police observed the vehicle driving in a hunting mode: driving in a slow methodical fashion in a very specific area; `snaking’ apparently looking for a specific target.  Based on these observations and the background over time, the lead investigator believed that the Sangheras were in `crime mode – `they are going to potentially be conducting a shooting.  He decided that when it was tactically sound to do so, the vehicle should be pulled over.”

Chiasson also said the ERT was brought in “because the lead investigator believed there was a high chance of violence with guns and the ERT is trained to deal with such situations.”

Meanwhile, the B.C. government is attempting to seize two properties on East 63rd linked to Sanghera’s family.

The B.C. director of civil forfeiture alleged in court documents filed last month that the two houses were financed by criminal activity and therefore should be turned over to the government.

Sanghera’s father Udham said in his June 21 response that the houses are owned by his wife, who used legal funds to purchase them.

Udham Sanghera was also initially charged in Project Rebellion, but his charges were stayed in the middle of his trial.

Udham Sanghera says in his court document that the charges were dropped because of police misconduct in the case.

And he claims that he was wrongfully imprisoned from the time of his arrest in February 2009 to his release in March 2011.

read the full ruling: