Al Potter not guilty of assault causing bodily harm
High-profile trial saw allegations of witness intimidation, presence of motorcycle club associates
Al Potter has been acquitted of assaulting another man in a high-profile case that had links to motorcycle clubs and allegations of witness intimidation.
Judge Mark Linehan delivered his verdict at provincial court in St. John's on Wednesday afternoon.
In rendering his decision, Linehan indicated that he found "significant" and "troubling" conflicts in the testimony he heard, and had "lingering doubts" about what happened on the night in question.
The judge said the alleged victim's "miraculous turnabout" in his testimony "remains unexplained," and that he "had more to say but chose not to."
Linehan also noted that another witness "made fleeting glances" at Potter throughout her testimony and appeared nervous.
Incident at bedsitting house
Potter had been charged with assault causing bodily harm, in relation to an alleged incident at a downtown St. John's bedsitting house on Sept. 25, 2014.
During the trial, the Crown called several people to testify, including RNC officers, a witness, and the alleged victim.
The alleged victim testified that on the night in question, an acquaintance, who also lived at the bedsitting house, repeatedly asked him for a favour — to get a gun for him, and saying at one point that it was for the Hells Angels.
The alleged victim testified that he kept saying no.
But that's when he said another large man — who he described as six feet tall, about 300 pounds, with a Mohawk hairstyle — started punching him in the head.
The alleged victim said there were five or six blows in total. He blocked some with his arms, and managed to escape with a black eye, a bloody nose and a cut on his face.
When Crown attorney Kathleen O'Reilly asked if the person who committed that assault was in the courtroom, the alleged victim said: "I wouldn't be able to point him out."
Witness credibility
During their summations last week, both the Crown and defence agreed that the credibility of the witnesses in Potter's assault trial was a key factor for the judge to consider in rendering his verdict — but disagreed on how their testimony should be weighed.
O'Reilly conceded that there were some inconsistencies in the testimony of the three main witnesses — including the alleged victim — that couldn't be reconciled. But she stressed there was agreement among them over the material facts of the case.
Meanwhile, defence lawyer John Kelly said two of the three Crown witnesses, including the alleged victim, are "disreputable people" with prior criminal records, and that it's impossible to determine which witnesses were being truthful.
"There was no proof in the trial that Allan Potter is a member of the Hells Angels," Kelly said.
Allegations of intimidation
Before the trial began, the Crown had filed an application seeking to keep members of the public out of the courtroom, citing concerns expressed by three witnesses about testifying because of Potter's links to "biker gangs."
The judge rejected that request, but put limitations on gang colours and tattoos being displayed, 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.
There was a contingent of Vikings Motorcycle Club associates in attendance throughout the court proceedings.
About a half dozen of them accompanied Potter out of court Wednesday after his release from custody.