Co-accused in murder case to have separate trials
Allan Potter will go to trial in February 2019 in North River case, while Daniel Leonard’s trial will happen in September 2019
The case of two alleged biker gang members charged together with murdering a man in North River in 2014 has been split to allow each of them their own trial.
Daniel Leonard and Allan Potter had both entered not guilty pleas to charges of firstdegree murder when they were arraigned in Newfoundland and Labrador Supreme Court early last month, but will now be arraigned again — individually — June 1.
Prosecutor Sheldon Steeves told the court Tuesday the indictment was being separated to allow for separate trials, partly because Leonard’s lawyers, Bob Buckingham and Robert Hoskins, are not available until the fall of 2019.
Hoskins told Justice Donald Burrage his client was waiving his rights under the Jordan ruling — which would have given him a case to argue for a dismissal
of the charges if the trial had been delayed more than 30 months — until Sept. 10.
That’s when Leonard’s monthlong trial is scheduled to begin. Potter, who is represented by lawyers Randy Piercey and Jon
Noonan, will go to trial Feb. 4. It’s expected to last a month as well. Burrage wasn’t content to allow Noonan or Hoskins to enter pleas to the new indictments on behalf of their clients Tuesday.
“On an arraignment of firstdegree
murder, I want to hear it from the accused,” Burrage said.
Steeves said he was aware Potter’s lawyers were planning to make a pre-trial application regarding evidence obtained through what he called a “Mr. Big-type operation,” and asked to know what, if any, other applications they intended to argue.
Noonan said there would likely be no others. Leonard, 37, and Potter, 54, are accused of murdering Dale Porter, whose body was found on his North River, Conception Bay North property in June 2014. He had been stabbed.
Leonard was arrested and released on bail, while Potter remains in custody. The two men are said to be members of the Vikings motorcycle club, and the investigation into Porter’s death sparked Operation Bombard, a joint RNC/RCMP investigation into the alleged criminal activity of the Vikings.
A number of men, including Leonard’s father and brother, were arrested and charged with drug-related offences as part of that operation.