Charges against a local doctor alleged to be part of the Vikings motorcycle club were dropped in Newfoundland and Labrador Supreme Court last week, but the trial for three of his co-accused will go ahead.
Dr. Brendan Hollohan had been charged with drug trafficking and participating in organized crime after being arrested as part of Operation Bombard, a police investigation into the alleged criminal activities of the Vikings.
Hollohan was one of 11 men believed to be members or associates of the club who were charged in September 2016 after police executed search warrants at six locations in St. John’s and Cupids.
Among the items seized during the search were Vikings clothing, weapons, photos, jewelry, cash, eight motorcycles, two pickups, cocaine, cannabis resin, oxycodone, temazepam pills and powder containing fentanyl.
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The charges against Hollohan were withdrawn by prosecutors last Thursday after the Crown determined there was not a reasonable chance of conviction.
Hollohan gave up his medical licence voluntarily upon his arrest, but it was reinstated by the province’s college of physicians and surgeons last spring, with conditions that he not prescribe certain narcotics.
Three other alleged Vikings arrested in Operation Bombard — Vincent Leonard Sr., James Curran and Wayne Johnson — pleaded not guilty to charges of drug possession and trafficking as well as organized crime Monday, sitting side-by-side in the prisoner dock.
Chief Justice Raymond Whalen offered to set their five-week jury trial for July, but defence lawyers Mike King and Mark Gruchy argued they expected to make a number of pre-trial applications and would likely not have enough time.
Whalen suggested the accused could change lawyers if needed, in order for the trial to proceed.
“The indictments came unexpectedly,” King told the judge. “We’re here because of the Crown, not because of anything Mr. Leonard or I did, and he shouldn’t have to change counsel.”
“I concur,” added Gruchy.
Under the law, a Crown prosecutor can choose a direct indictment, requiring a trial without a preliminary inquiry, or, as in this case, without the preliminary inquiry having been completed.
Whalen set a trial date for Jan. 15, 2019 for Leonard, Curran and Johnson.
The same scheduling issue arose when the next case, also that of Vikings members, was called. Allan Potter, who is represented by lawyer Randy Piercey, bent toward the microphone in the prisoner’s dock and quietly entered not guilty pleas as he was arraigned on murder charges.
Lawyer Bob Buckingham entered not guilty pleas on behalf of co-accused Daniel Leonard.
The two men are accused of first-degree murder in the stabbing death of Dale Porter, whose body was found on his North River property in June 2014.
When Whalen offered a summer date for the eight-week jury trial, the defence indicated the earliest it could accommodate the proceedings was April 2019.
Buckingham noted the direct indictments were unexpected in this case as well, though prosecutor Sheldon Steeves disagreed.
“The end result is sometimes the accused has got to get another lawyer if they can’t accommodate,” Whalen said, adding he was unwilling to risk violating the Jordan ruling, which gives a trial deadline of 30 months for charges brought before Newfoundland and Labrador Supreme Court. Potter and Leonard were charged in the fall of 2016.
“I’m trying to access the right trial dates so the accused can have their trial heard in a timely manner,” Whalen continued. “The court is offering the right dates, but they don’t seem to be clicking in.”
Whalen set the case to be called again at the next arraignment date, May 1, when a date for the murder trial is expected to be established.
Twitter: @tara_bradbury
