Key witness 'can't remember' details for Allan Potter assault trial
Victim of alleged assault previously refused to testify because he feared for his safety
A key witness, who had initially refused to enter a provincial courtroom in St. John's because of safety concerns, testified on Wednesday afternoon in Allan Potter's assault trial — but he says he "can't remember" what happened on the night in question.
Potter, 51, is currently in custody, and facing charges of assault causing bodily harm, as well as impaired driving.
Crown attorney Kathleen O'Reilly had filed an application to exclude members of the public from some or all of Potter's assault trial, citing the alleged intimidation of witnesses.
According to that application, three witnesses expressed concerns about testifying because of Potter's links to "biker gangs."
Judge Mark Linehan ordered Wednesday that the trial proceed in open court, but with restrictions to limit witness intimidation.
No one was permitted inside the courtroom if they were wearing gang colours or patches. Those with visible tattoos were also barred from the trial.
Cell phones were banned from the courtroom, except for use by members of the media.
Linehan said he would modify that order if any issues arose.
Witnesses testify
The tension was high as five police officers, seven members of the media, and three people with ties to the Vikings Motorcycle Club — who were not wearing gang colours — crammed into a smaller courtroom on Wednesday than the one used for proceedings the previous day.
Several other motorcycle club associates waited outside the courtroom.
Potter is accused of assaulting a resident in a bed sitting room on Charlton Street in downtown St. John's on Sept. 25, 2014.
Potter and another man were allegedly trying to pressure the victim to break into someone's house to steal a gun.
The witness said the three men were in a bedroom, while she was in the nearby kitchen.
She said she heard the victim yelling, "I'll go now, I'll go now, I'll go now."
The witness said that's when she tried to get into the room, pushing her body against the door, but someone was blocking it on the other side.
She said she managed to briefly open the door a few inches, to get a glimpse inside the room.
That's when she said she heard "the sound of flesh hitting flesh," several times, followed by the sound of what she presumed was the victim's head hitting a wall.
The witness said she was crying when all three men left the room, including the alleged victim. She said Potter then said, "Shut that bitch up."
She said the men then left the house, and she went to a neighbour's house and called police.
The victim, she said, had bruising and some small cuts on his face, and had somehow hurt his ankle.
She said she spoke to police at the scene, but she didn't give a statement to the RNC until the next day.
Changing details
But later on in her testimony, the witness gave conflicting information.
She said she hadn't seen Potter strike the victim.
While she said she had heard sounds from the room, she said the victim had told her to say he'd been hit five or six times.
"I don't know what happened," she told the court.
She also said the victim had "a tendency to do really stupid stuff," and that he'd been known to punch himself.
"He tried to tell me I saw a knife too," she said during her testimony, but then clarified for Linehan that she had not seen a knife that night.
Key witness testifies
Late Wednesday afternoon, the victim of the alleged assault was called to testify.
He gave short answers, and said he "can't remember" what happened the night of Sept. 24.
O'Reilly showed him a copy of his statement to police, but he said he had no recollection of that night.
The Crown was hoping to play a video, but ran out of time in court to show it.
The trial will resume on Feb. 24.
Earlier testimony
RNC Const. Justin Day, who testified on Wednesday morning, was one of the officers who responded to the call in September.
He stood with Potter outside the residence, after the alleged assault. He said at that time, Potter was intoxicated — his balance was off, and he was slurring his speech.
RNC Const. Michael Curran testified that dispatch had received a call that night from a neighbour, who said a man with a knife had made threats.
The suspect was described to Curran as a larger man, weighing 300 pounds, with a possible affiliation to a gang, namely Hells Angels.
Intimidation moves
One police officer told CBC News it's likely unprecedented that so much outright intimidation had been witnessed during court proceedings.
He added it was an unusual move for the Crown to attempt to close a court to everyone other than the media.
Shortly after the trial began on Wednesday, Linehan kicked three members of the gallery — one CBC reporter and two RCMP officers — out of the room for whispering.
Linehan wanted to send a message to those in the courtroom about disruptions.