Al Potter assault trial goes to the judge for verdict
Crown and defence conclude summations; decision expected March 18
The Crown and defence both agree that the credibility of witnesses in the Al Potter assault trial is a key factor for Judge Mark Linehan to consider in rendering his verdict.
But lawyers for the two sides disagree on how their testimony should be weighed.
Potter is charged with assault causing bodily harm in relation to an incident at a downtown St. John's bedsitting house last September.
Crown attorney Kathleen O'Reilly acknowledged in her summation of the case that there are challenges associated with witnesses that have addictions issues or past criminal records.
She conceded that there are some inconsistencies in the testimony of the three main witnesses — including the alleged victim — that can't be reconciled.
But O'Reilly stressed there is agreement among them over the material facts of case.
"The one thread throughout is that Al Potter hit [the victim] because he would not get a gun," O'Reilly noted.
Presumption of innocence
But defence lawyer John Kelly said in his summation that Potter is protected by the presumption of innocence.
"The court must be sure the accused is guilty," Kelly noted.
Kelly also stressed that the credibility of witnesses is key in this case. He noted that two of the three Crown witnesses, including the alleged victim, are "disreputable people" with prior criminal records. Kelly said it is impossible to determine which witnesses are being truthful.
The defence lawyer also said the initial complaint that the assault involved a weapon "coloured the complexion of the case," as did allegations by one person linking Potter to the Hells Angels.
"There was no proof in the trial that Allan Potter is a member of the Hells Angels," Kelly said.
But the defence lawyer suggested those factors played a role in the handling of his client's case.
"Once they had Mr. Potter in custody the blinkers went on," Kelly said.
Allegations of witness intimidation
The summations by the Crown and defence drew to a close a trial that has at times been tumultuous, with allegations of witness intimidation and an ever-present contingent of Vikings Motorcycle Club associates in attendance.
Before the trial began, the Crown filed an application seeking to exclude the public from the courtroom, saying three witnesses expressed concerns about testifying because of Potter's links to "biker gangs."
The judge rejected that request, but put limitations on the display of gang colours and tattoos and enforced strict courtroom decorum.
Shortly after the trial began, Linehan ejected three members of the gallery — one CBC reporter and two RCMP officers — for whispering.
When the alleged victim initially took the stand, he first testified that he could not remember anything at all about what happened the night in question.
Two weeks later, he reversed that testimony, providing details about the alleged assault, but saying he could not identify the man accused of attacking him.
The Crown wrapped up its case last month.
The defence did not call any witnesses.
The judge is expected to issue his ruling March 18.
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