ST. JOHN'S, N.L. — Given a Newfoundland and Labrador Supreme Court judge’s ruling to toss out a portion of the evidence, Daniel Leonard’s murder trial didn’t go ahead as scheduled Tuesday and the charge against him was dismissed.
Leonard, 38, had been set to go to trial for the first-degree murder of 39-year-old Dale Porter of North River, C.B.N., in 2014. As potential jury members waited in another room Tuesday morning, prosecutors informed the court they would be calling no evidence against Leonard, leading defence lawyers to request an acquittal. Justice Donald Burrage granted the request and formally dismissed the charge.
There wasn’t a reasonable prospect of a conviction, prosecutor Sheldon Steeves told The Telegram, given a Sept. 22 decision by a different judge to exclude from evidence at trial a statement Leonard had given to the RCMP. That judge's reasons are expected to be made public in the coming days.
“In a situation like that, as the Crown, we have a responsibility to analyze the evidence remaining and assess whether there is a likelihood of a conviction,” Steeves said.
Steeves and fellow prosecutor Erin Matthews notified Leonard’s lawyers, the court and Porter’s family last Friday of their decision. At that point, it was too late to call off the jury selection process, so the subpoenaed potential jurors’ time at court was brief. Burrage thanked them for their time and released them.
Leonard was represented by lawyers Bob Buckingham and Robert Hoskins. Buckingham said after the charge was dismissed that it should have been dropped long ago.
“The Crown’s theory was absurd and didn’t have a basis in fact or evidence,” Buckingham said, accusing the prosecution and the police of having “tunnel vision” when it came to his client. There was never enough evidence to convict Leonard, he alleged.
“The police and the Crown got caught up in this idea that it was some organized crime event related to an outlaw motorcycle gang. Nothing could be further from reality.”
Porter was a fisherman, a truck driver and a father of two, who has been described by his family members as loving and a good cook who enjoyed Sunday dinners with his family. He died in his North River driveway in the early morning hours of June 29, 2014, having been stabbed close to 20 times.
“The police and the Crown got caught up in this idea that it was some organized crime event related to an outlaw motorcycle gang. Nothing could be further from reality.” — Defence lawyer Bob Buckingham
Two men were eventually charged with his murder: Leonard and Allan Potter, who was convicted of first-degree murder by a jury in March of last year. Potter has appealed the verdict.
Potter testified at his own trial, telling the jury it was he who had stabbed Porter, but he had done it in self-defence and to protect Leonard. Porter and Leonard had been arguing after a night out, he said, and Porter had advanced on Leonard with a knife before turning his attention to Potter.
Potter, 56, rejected the Crown’s submission that he had grown angry after Porter made disrespectful comments about the Vikings Motorcycle Club, spit on the club colours and made an “indecent proposal” to Leonard’s girlfriend.
Potter and Leonard were both members of the club.
Leonard’s name had been banned from publication as Potter’s trial began, in an effort not to taint a jury with the evidence and protect Leonard’s right to a fair trial.
Buckingham said Leonard, who had spent months in jail on remand before he was released on bail, was “overjoyed” with Tuesday’s decision, as might be expected.
“He’s glad to get this off his shoulders,” Buckingham said.
