Accused Vikings gang members make application to toss out drug charges

Lawyers for three men accused of trafficking drugs for a Hells Angels-affiliated biker gang are looking to have their charges thrown out of Supreme Court.

Mike King, representing Vince Leonard Sr., Mark Gruchy, on behalf of his client Wayne Johnson, and JohnHartery, the lawyer for James Curran, made theapplication in Supreme Court in St. John's this week.

Theargument is that the Crown has taken too long to take the case to trial.

• Accused Vikings gang members seek delay which could quash the case against them
• Accused Vikings granted delay ahead of drug trafficking trial

The three men were arrested on Sept. 28, 2016, as part of a citywide raid nicknamed Project Bombardthat saw a dozen arrested. Under the Jordan Decision,court proceedingslonger than 18 months in provincial court and 30 months in Supreme court could be thrown out.

Justice David Hurley will make a decision on the application on Monday morning.

If a trial does go ahead, it would beset to end on May 10 meaning 31 months since the charges were laid.

Gruchy argued in court on Wednesday that60,000 pages of disclosure for the case took 10months to make its way into his hands from the Crown's office.

As established by similar cases around the country, any delays that are the fault of the defence cannot be used to benefit the defendant.

Crown prosecutor Elaine Reid disputedGruchy's claim, telling the court it took nine months, not 10, to hand over the disclosure. She argued that due to defence delays and the complexity of the case,they should get more time and the case shouldproceed to trial.

Some of the men arrested in Project Bombard have already been convicted of trafficking drugs. Two have been exonerated, though the Crown is appealing the acquittal of Shane Leonard.

Leonard,Curran andJohnson are the last three to be dealt with.

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