A convicted criminal who undercover betrayed a group of bikers in St. John’s will not appear in court to testify against them.
The man, whose identity cannot be revealed, was hired in late 2014 to get close to the Vikings Motorcycle Club, a group of men who police believed were selling cocaine, heroin and their own painkillers while trying to join the Hells Angels.
The drug trafficking case moved through the courtrooms at a snail’s pace, suffering one setback after another – from the death of a presiding judge to a lawyer’s career change to chronic health problems plaguing one of the defendants.
The latest twist is perhaps the most surprising – especially given the amount the RCMP has invested in the man’s work on the case.
Police need support in murder investigation
The twisted saga began in July 2014, when Al Potter, a suspected member of the Vikings, stabbed a man to death in the small town of North River. The man, Dale Porter, died from his injuries from 17 stab wounds.
For the next two years, Potter was the prime suspect in the murder, but police did not have enough evidence to press charges. They used several undercover agents to get close to the Vikings, but needed someone from the inside who could get close to Potter specifically.
They found this person in late 2014 when a petty criminal was arrested for violating court conditions. He had previous convictions for assault, armed robbery, driving under the influence and various drug offenses.
In December 2014, they agreed to make him an undercover agent. This job comes with high expectations, such as wearing recording devices and testifying in court. It also means living in the witness protection program if charges are eventually brought, because the defendant will know your identity if you testify against him.
There was confusion in court over how much the agent actually received. Some RCMP members said they weren’t sure but speculated it was hundreds of thousands of dollars.
After this story was published, an RCMP spokesperson contacted CBC News to clarify the amount. They said the agent was paid $250,000 for his work on the Potter trial and agreed to receive an additional $50,000 if he exposed alleged drug trafficking by members of the Vikings Motorcycle Club.
He also received $800 a week for his work, with the larger sums to be paid in installments for milestones in the case – such as testimony in court. His testimony helped prosecutors secure a conviction against Potter for premeditated murder.
The agent’s health is deteriorating, says the RCMP
There was still one item left on the broker’s checklist – and probably another sum still had to be paid.
The drug trafficking trial of accused Vikings members Vince Leonard, Wayne Johnson and James Curran is currently taking place in Supreme Court in St. John’s. Prosecutor Trevor Bridger told the court on Tuesday that the agent would not testify, but gave no reason why.
“I really don’t know why he’s not testifying, just that at this point we’re proceeding as if he’s not testifying at all,” Bridger told CBC News.
The RCMP later confirmed that the reason was that “the agent’s health was deteriorating and he indicated that he was no longer able to continue to testify for medical reasons.”
So far, much of the testimony has focused on undercover agents and the agent who arranged drug deals with members of the Vikings. Although the agent did not testify, his superiors told the court that they gave him thousands of dollars to buy cocaine and heroin from the defendants.
On one occasion, an agent said, the agent received $27,000 in cash and a six-pack of Blue Star beer and made a deal with Vince Leonard at the Holiday Inn for 532 grams of cocaine.
Defence lawyers for Leonard, Johnson and Curran questioned the officers in charge about the agent’s behaviour. It emerged that he had a drug problem throughout his employment with the RCMP and sometimes disappeared.
“There were moments when he got off track and we couldn’t find him,” a dog handler told the court in May. “Every time he got off track, he felt bad. He felt like he was disappointing us.”
The trial will continue this week, with the RCMP presenting evidence about wiretaps. It remains to be seen what impact the agent’s failure to testify will have on the case.
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