John (Boxer) Muscedere, left, at Christmas 2004 in Toronto with Wayne (Weiner) Kellestine, who was convicted last October of killing him and seven other Bandido gang members in April 2006 near Shedden.
Credits: Contributed Photo/Crown exhibit
LONDON, Ont. ─ The outspoken ringleader of a Bandidos biker massacre is seeking a new trial because his own outrageous words were used against him.
Wayne Kellestine's appeal of eight first-degree murder convictions is also based on the arguments he was not well served by his defence team and was the target of untrustworthy bikers eager to deflect blame.
"Providing (Kellestine) with a fair trial was a serious challenge to the justice system and the trial judge.
The charges in this case were shocking and the subject of widespread publicity . . . and (Kellestine) was personally notorious in the region as a dangerous outlaw biker," states the factum, the basic arguments, prepared for a court of appeal hearing scheduled for June.
Given the charges, notoriety and the attacks on his character during the trial, it was key that Kellestine, also a member of the Bandidos at the time, get a complete defence that ensured the judge properly charged the jury before deliberations, the factum states.
In his charge to the jury, Justice Thomas Heeney told jurors they could treat Kellestine's statements as further evidence of guilt beyond a reasonable doubt if they believed the statements were concocted on purpose, with that belief based on other contrary and independent evidence presented during trial.
Kellestine also says he "received little assistance from his counsel" on some issues and the judge erred on an important point in law regarding the killer's own statements to police, his lawyer argues.
There's more than a bit of irony in those arguments for those who knew or followed Kellestine's career over the years.
Kellestine didn't shy away from talking to police in the past when it helped him, criminal and police sources said over the years.
As for the notoriety, Kellestine worked hard to cultivate it by running different motorcycle gangs, parading his anti-gay, pro-Nazi sentiments in public, and creating a well-known biker hangout complete with giant logo on a barn, and engaging in violent crime.
For the past five years, Kellestine has been out of the public eye while serving life sentences for killing eight fellow Bandidos motorcycle gang members April 7, 2006, in an internal power struggle. (Four of the other six men convicted are also appealing)
Seriously ill for a time, Kellestine has been busy being himself behind bars.
Sources tell QMI Agency Kellestine has pushed to get out of segregation and has complained as well about the prison-issue clothing he has to wear when on appointments outside prison.
"That's just Wayne being Wayne," one acquaintance said.
It's no surprise that Kellestine, being Kellestine, has launched an appeal that outside the justice system might seem like a lost cause.
It's not an extensive appeal: his lawyer, Michael Dineen, has asked for only 45 minutes to make his case orally before the court of appeal. Dineen declined to comment on the appeal.