He admits he was selling Percocet — but says he didn't know it was illegal
A man who police believe has ties to the Vikings motorcycle club testified in Supreme Court that he sold Percocet — but that he wasn't aware that it contained a controlled substance.
Shane Leonard, 32, was on trial in St. John's on Tuesday to face a charge of conspiring to traffic oxycodone.
In 2016, he was charged alongside Vikings member Thomas Snow as part of Project Bombard, a joint investigation by the RCMP and the Royal Newfoundland Constabulary. Last month, Snow was sentenced to nine months in jail for drug trafficking.
Nine men were charged with drug offences following a raid across the Avalon Peninsula.
Leonard was originally facing charges of participation in activities of criminal organization, commission of offence for a criminal organization, and conspiracy to traffic in a controlled substance.
He was later released on $15,000 bail.
Agreed statement of facts
Today, his trial began with the Crown reading out an agreed statement of facts, which noted that, throughout the course of the police investigation, "the RCMP obtained evidence which led them to conclude that [Vincent Leonard Sr.,] a high-ranking member of the Vikings Motorcycle Club, was trafficking in Percocet (oxycodone)."
The statement noted that his supply of Percocet came from "obtaining the prescriptions from others, primarily members of the Vikings."
It continued that "Leonard Sr. had a close relationship with Dr. Brendan Hollohan and would organize various Vikings members to attend Dr. Hollohan's office to obtain the prescription."
The documents then outline a series of phone calls that took place between May 13 and Aug. 12, 2015.
It's quite clear he knew what was happening here. - Trevor Bridger
Crown prosecutor Trevor Bridger read out excerpts from the police wiretaps, which included conversations with or about Leonard Sr., Allister Hayley, Hollohan, Snow, Kenny Kerrivan and Leonard Jr.
One of the excerpts was an exchange between Shane Leonard and a man in June 2015, when Leonard told the man that he was "trying to make a dollar."
The man asked Leonard if it was "too precious" to talk about over the phone, and Leonard replied, "Unless you wants to go to jail for a couple a years."
In August 2015, a woman called Leonard to ask if he had any more "P" — which is a street name for Percocet.
The final page of the statement reads, "Throughout the course of the investigation, there were no intercepted communications involving Shane Leonard wherein the parties discussed oxycodone, only to Percocet, percs or P's."
Leonard testifies
Leonard told the court he sustained multiple injuries, from a car accident and while he was at work, between 2014 and 2015.
He said he was on workers' compensation for just over a year, and medical reports submitted to the court showed he was prescribed up to six Percocet pills a day to deal with the pain.
While being questioned by the defence, Leonard admitted to selling his medication "most of the time," but said he didn't know the chemical composition of it — that it contained oxycodone.
"Did you think you were breaking the law?" John Lavers asked his client.
"No," Leonard replied.
He also told the court that in his conversation with the man in June he was talking about marijuana — not Percocet.
During cross-examination, Leonard admitted to sometimes buying Percocet from friends, since he would sometimes take 10 to 12 pills a day for his pain.
Leonard said he sold Percocet for about six months to supplement his income, because his wages from workers' compensation had dropped drastically after a certain period of time.
Leonard told the court that he didn't think he was doing anything illegal, because he had "never heard" of anyone being arrested or going to jail for selling Percocet.
Defence wants charge dropped
In his closing argument, Lavers said his client was ignorant to the chemical composition of Percocet. He told the court "no ordinary person on the street" would know that Percocet contained oxycodone as an ingredient.
Lavers said his client was on Percocet for his injuries, and that he was forthcoming with information about selling the pills.
He also said his client doesn't have a criminal record and has been living under strict conditions over the past three years.
Lavers is asking for the charge to be dismissed.
Meanwhile, Bridger said Leonard testified that he sold Percocet to at least three people, that he also sold marijuana, and in the agreed statement of facts, there was also a reference to cocaine.
"It's quite clear he knew what was happening here," Bridger said.
The matter is due back in court Feb. 11.
3 others are in wait-and-see mode
Meanwhile, a Supreme Court judge granted a delay today in the case involving three other men caught up in the Operation Bombard raids.
Vince Leonard Sr., Wayne Johnson and James Curran were set to start trial on Jan. 15, but had those dates erased from the court calendar after their defence lawyers argued there wasn't enough time to deal with 60,000 pages of disclosure handed over by Crown prosecutors in October.
Lawyers for the accused will be back in court Feb. 4 with an application to get the Crown to turn over certain evidence.
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