The Crown is appealing the case of 32-year-old Shane Peter Leonard, who was acquitted of trafficking after admitting he sold his prescription Percocet.
Shane Leonard was one of about a dozen men arrested during Operation Bombard in 2015 following a number of police raids involving members of the Vikings Motorcycle Club.
Leonard pleaded not guilty to trafficking in Oxycodone, one of the ingredients found in Percocet. That’s because he says he didn’t know Oxycodone was an ingredient in the drug.
However he admitted during his trial to selling some of his prescribed Percocet, citing he needed the money to live.
According to an Agreed Statement of Facts in the case, Leonard was being prescribed the Percocet by family physician Dr. Brendan Hollohan. The facts say Hollohan was writing prescriptions for Leonard and other Vikings members. The prescriptions were then filled and sold.
In his decision, Supreme Court Justice David Hurley says it was Leonard’s belief that Percocet was not a controlled substance, and the judge found the evidence failed in this case to prove otherwise.
This week, the Crown filed notice of appeal in the case. They say an acquittal is “unreasonable and unsupported by the evidence.”
The Crown is looking to the Court of Appeal to set aside Justice Hurley’s acquittal, and enter a guilty verdict in relation to the charge.