BIKER NEWS: Regional judge to handle biker case, for now

BIKER NEWS -- The regional senior judge for the Central East Region will oversee the case of a biker convicted of beating up a rival gang member, at least for now.

Madam Justice Michelle Fuerst will preside over pre-trial proceedings in the matter of Pierre Aragon - whose dangerous offender hearing was not completed earlier this year - before choosing a new judge, court staff confirmed.

Aragon, 34, was convicted of aggravated assault, assault with a weapon, possession of a weapon and uttering threats after a jury trial in 2014. The charges stem from the vicious beating of Loners member Fernando Fernandes on Park St. on July 22, 2012.

The biker, who remains in custody, appeared in Cobourg Superior Court of Justice on Wednesday. The case was adjourned until Dec. 9 at 1:30 p.m. when a judicial pre-trial will be held via teleconference, superior court staff said.

Pre-trials, which usually take place behind closed doors, are an opportunity for Crown and defence lawyers discuss issues and narrow the scope of a case.

Aragon will now be represented by new lawyers from the same firm that has represented him previously, staff said.

The case, which has been fraught with delays, stalled July 17 when health issues prevented Aragon's lawyer, Stephen White, from attending the hearing to make final submissions to trial judge Justice Alfred Stong, who then then reached mandatory retirement age this summer.

Since then, Aragon has also been represented by Ariel Herscovitch, another lawyer from Toronto firm Derstine Penman Criminal Lawyers.

Transcripts were ordered to bring a new judge up to speed on the five-week trial and approximately one-week hearing. The new judge will decide how much the transcripts can bring them up to speed and how much evidence may need to be re-heard, court has heard.

The attack, which happened weeks after a split within the Peterborough Loners chapter, left Fernandes, a rival bike club member, with 60 stitches in his head and a plate in his left arm.

Aragon, the fourth person charged but the last one convicted, pleaded not guilty. The others pleaded guilty to lesser roles and were released from custody. His July 23 application for a mistrial was denied in Newmarket court on July 23, when Stong put an urgent request in for the transcripts.

This article was first published on December 1, 2015

Get a copy of thepeterboroughexaminer or go to www.thepeterboroughexaminer.com for more stories.