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Vikings Motorcycle Club trial set for next year as Jordan deadline looms

Tight lawyer schedules and accusations of delays led to a stark warning from Newfoundland and Labrador's chief justice Monday about the stresses of a federal government decision on trial timelines.

Vincent Leonard Sr., James Curran and Wayne Johnson swept up in September 2016 police raids

Wayne Johnson is led into provincial court in St. John's after his arrest in September 2016. (Ted Dillon/CBC)

Tight lawyer schedules and accusations of delays led to a warning from Newfoundland and Labrador Supreme Court's chief justice Monday about the stresses of a federal court decision on trial timelines. 

Wayne Johnson, Vincent Aloysius Leonard Sr. and James Curran walked from the gallery to the prisoner's box for arraignment Monday morning, where all three men repeated not guilty pleas to the 17 charges against them.

The three men were swept up in an RNC-RCMP raid at the Vikings Motorcycle Club and associated buildings in September 2016. Project Bombard resulted in dozens of charges against 12 men.

James Curran, seen here during a court appearance earlier this year, is charged with trafficking drugs and participating in a criminal organization. (CBC)

Johnson, Curran and Leonard are all accused of participating in the activities of a criminal organization as well as trafficking and possessing proceeds of crime. 

A fourth man, Dr. Brendan Hollohan, had charges against him dropped on Thursday due to a lack of evidence.

Vincent Leonard Jr. pleaded guilty and was sentenced to 18 months in prison last September for possessing and trafficking cocaine.

'Sensitive to the issues of Jordan'

The case is ready to go to trial, but there were difficulties finding a time when all three defence lawyers and the Crown would be ready and available.

Chief Justice Raymond Whalen stressed he is "sensitive to the issues of Jordan" and asked that the five-week trial begin over the summer.

A Supreme Court of Canada ruling in 2016 — the "Jordan decision" — set strict time limits for criminal trials: 18 months for proceedings at provincial court and up to 30 months for cases at Supreme Court.

Failure to abide by those timelines could result in a stay of proceedings for people accused of crimes.

Vincent Leonard Sr. is facing a number of gang- and drug-related charges. (Ted Dillon/CBC)

Leonard's lawyer, Mike King, said there's a possibility the defence would be filing pre-trial applications before the trial, and added he is busy with other cases as well. Those factors, he said, would make it unlikely that the trial could proceed this summer. 

Whalen said he didn't want to force the case "into dates that offend the Jordan timeline."

"We are in the position we are in because of Crown delay," King said.

"Not because of anything I or Mr. Leonard did."

Fellow defence attorney Mark Gruchy agreed and said there have been problems with receiving disclosure.

Out of options, Whalen set the jury trial for Jan. 15, 2019 — one month before the time limit would expire.

Al Potter, Daniel Leonard plead not guilty to North River killing

As Leonard and Curran walked out of the courtroom, Al Potter was in led by sheriffs' officers.

Potter, wearing glasses on the bridge of his nose and a long ponytail down the back of his head, smiled and waved at his fellow Vikings club members as they stepped out the door.

Johnson stayed behind and watched the proceedings.

Potter and Daniel Leonard are charged with first-degree murder in the 2014 stabbing death of Dale Porter of North River.

Leonard did not appear and instead was represented by his lawyers, Bob Buckingham and Robert Hoskins. 

Al Potter, left, and Daniel Leonard are accused of first-degree murder in the stabbing death of Dale Porter in North River in June 2014. (CBC)

As in the case before, there were difficulties finding a trial date that worked for everyone.

Buckingham said he will be busy with another murder trial, and there are no jury trial spaces available for the fall — meaning the six- to eight-week trial may have to be pushed to next year.

"It's not easy," Whalen said to Buckingham about having to sit in on back-to-back murder trial, "but it's what we do."

"An accused has a right to a timely trial," Whalen said, adding sometimes an accused person has to find a different lawyer.

"I'm simply not prepared to do back-to-back murder trials," Buckingham said.

The court decided to bring the case back May 1 to set a date for trial. 

ABOUT THE AUTHOR

Ariana Kelland

Investigative reporter

Ariana Kelland is a reporter with the CBC Newfoundland and Labrador bureau in St. John's. She is working as a member of CBC's Atlantic Investigative Unit. Email: ariana.kelland@cbc.ca