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  • Posted by joe 3 years ago. There are 11 posts. The latest reply is from creator.
  1. One year after Kenk's arrest, no sign of trial for alleged bike thief


    A year after Igor Kenk’s notorious West Queen West bicycle repair shop was raided, there is no sign of a trial for the alleged bike thief, suggesting difficulties faced by the Crown in a case with substantial amounts of evidence to process.

    It’s been a year since The Bicycle Clinic was targeted in a police sting that uncovered 2,865 bikes in garages and warehouses throughout the city. The eccentric 49-year-old repair man, a former police officer from Slovenia, was hit with 58 charges relating to bike theft and 22 charges relating to drugs. About $70,000 worth of marijuana and cocaine was allegedly found in the rented Yorkville house Mr. Kenk shared with classical pianist Jeanie Chung, who also faces drug charges.

    A year after last summer’s ordeal, no trial dates have been scheduled. The Attorney General of Ontario says a pre-trial hearing for Mr. Kenk’s theft and drug charges is set for next week. But Lon Rose, defence lawyer for Mr. Kenk, says he expects the matter to be adjourned, although he is not sure until when. “We’re going back in a couple of weeks and nothing is going to happen,” he said. “There have been some disclosure issues. Materials we’ve been expecting to receive from the Crown have taken longer than expected, and that’s frustrating.”

    More at the National Post

  2. Is a deal in the making?


    • Stolen-bike case close to ending in deal, court told

      Lawyers in the Igor Kenk stolen-bicycles saga are discussing a possible deal to resolve the massive criminal case and head off a trial for the 50-year-old bike repairman, a Toronto court heard yesterday.

      Mr. Kenk, 50, was charged with more than 80 counts involving 2,865 used bicycles and a large quantity of illegal drugs seized in police raids in the summer of 2008, and has been awaiting trial in the Don Jail for almost a year since his bail was revoked last December.

      Mr. Kenk appeared yesterday at the Ontario Superior Court of Justice, where he was to make a bid to have bail restored. Instead, his lawyer, Lon Rose, told Mr. Justice John Hamilton that "a proposed resolution to most if not all" of Mr. Kenk's charges is in the works as a result of pre-trial talks with Crown officials and lower-court Justice Kathleen Caldwell.

      ...

      The sheer size of the case, which involved raids on 12 properties, about 100 police officers and more than 80 charges, created a mountain of evidence to be gathered, sorted, assessed and disclosed to Mr. Kenk's defence before any trial could proceed.

      Court filings obtained by The Globe and Mail, including Mr. Rose's Nov. 12 notice of application for yesterday's bail review, suggest that disclosure has been slow and sporadic. Mr. Rose only recently received, for example, statements from 70 police officers who worked on the case. Dozens more pieces of evidence have also been slow to materialize.

      ...

      Regardless of any deal in the offing, Mr. Kenk still faces a lawsuit brought by the Ontario Ministry of the Attorney-General to seize his bike shop, two pickup trucks and 2,292 bicycles as proceeds of crime. Even though Mr. Kenk has not been convicted criminally, the province can use the Civil Remedies Act to seize and sell off his property if it can prove that it was used for a criminal purpose or obtained by crime.

      Full Article


    • Ontario wants accused thief to foot bill for bike clean up

      The Ontario government wants used-bicycle dealer Igor Kenk to foot the bill – estimated at $38,700 – to get rid of nearly 2,200 bikes police seized in a theft investigation last year, even though no court has ruled they were stolen.

      The province's request, contained in a motion to be heard in civil court Friday, appears aimed at solving a logistical headache for Toronto police, who face deadline of next Thursday to clear the bicycles from a rented storage facility.

      The 2,196 bicycles, along with 565 wheels and 51 assorted parts, have been collecting dust since they were seized in a series of high-profile police raids in July and August of 2008. Police allege Mr. Kenk, 50, ran a network in which he sent thieves out to steal bikes for him in exchange for illegal drugs.

      ...

      If the province wins its civil suit, Mr. Kenk would forfeit more than $750,000 in property, according to estimates contained in court filings. The money would be paid into court, where legal fees and other costs would be deducted, and the remainder would go to the government.

      The unclaimed bicycles alone are worth $50,580, according to the motion to be heard today, but it would cost an estimated $38,709 to move and store them at an auction site, leaving just $11,871 from their sale to be paid into court. In effect, then, that $38,709 would be borne by Mr. Kenk, prior to any criminal or civil ruling against him.

      Full Article

  3. Kenk to lose thousands of bikes as details of civil settlement reached


    • Igor Kenk will give up his used-bicycle shop, pickup trucks and his hoard of more than 2,200 old bikes in a settlement reached Friday in a civil suit brought against him by the province of Ontario.

      Under the deal, Mr. Kenk will get to keep the proceeds of a provincially-supervised sale of the bike shop, which he has previously valued at $700,000, but only after he pays $50,000 to the Crown, $65,000 to Legal Aid Ontario for his ongoing criminal case, legal fees incurred to defend against the suit, and any outstanding taxes or bills related to the building. The bikes and pickup trucks will be sold off and the proceeds kept by the Crown.

      The settlement brings an end to one of two parallel court proceedings, one civil and the other criminal, brought against the 50-year-old Mr. Kenk, whose arrest in the summer of 2008 and subsequent raids of his numerous rental garages filled with bicycles stunned Toronto's cycling community.

      ...

      Friday's settlement was reached before the court tested the government's case, which hinged on affidavits from Toronto police who led the criminal investigation. Court filings showed that officers relied on a confidential source for information about Mr. Kenk's alleged drugs-for-bikes enterprise. Court never heard testimony from the source, nor does the case file contain any written statements from the informant.

      Jacob Stilman, lawyer for Mr. Kenk, said outside court that the government's forfeiture application “was going into uncharted legal waters in the sense of asserting that the building was an instrument of criminal activity.” He suggested “there would have been a lot of interesting legal and evidentiary issues” had the case gone to trial, but also serious implications for his client, who stood to lose virtually everything he owns.

      “While it's fascinating from a lawyer's perspective,” Mr. Stilman said, “the stakes are very high for the person at the receiving end of the litigation.”

      According to court filings, Mr. Kenk paid $85,000 for his shop in 1995 and is mortgage-free. Its value has since skyrocketed due to gentrification along trendy Queen Street West. The bicycles were recently appraised at just over $50,000, and the two Toyota pickup trucks at $14,000.

      Full Article

  4. This is not at all good to steal the others bikes and sell them for money. The best course of action has saved a lot.
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