‘It’s not like I wasn’t expecting this’
Lawyer wants to be removed in murder-for-hire trial
A decision is expected today as to when a Supreme Court trial will be able to continue for a Sydney man charged with arranging for the murder of his ex-wife.
The judge-alone trial for Roderick Joseph Domoslai, 53, began Monday, but on Thursday, defence lawyer Laura McCarthy advised the court she wished to be removed as solicitor of record.
McCarthy explained there was a breakdown in solicitorclient relations and that it was not a financial matter but rather focused on ethical concerns.
“It’s not like I wasn’t expecting this,” said Justice Gregory Warner, who granted McCarthy’s requested but ordered she remain at the defence table as a “friend of the court” to assist Domoslai with any legal issues that would arise from a cross-examination.
Warner said his immediate concern was to complete the evidence of the Crown’s key witness in the case, Erin Maxwell, who began his testimony Wednesday.
McCarthy said she was uncomfortable with such an order given the ethical concerns and Domoslai was not objecting to her being removed from the case.
In response, Warner said he was satisfied Domoslai was well versed in his case and would be able to conduct a cross-examination.
However, after Crown prosecutor completed his direct examination of Maxwell, Domoslai said he was out of his league when it came to a cross-examination and that he was not prepared to accept McCarthy’s role as a friend of the court.
“I do have counsel ready to step in,” he said, adding he hoped to meet with his new lawyer next week in Halifax.
But the judge said he was not prepared to impose a lengthy delay in completing the evidence of Maxwell, and ordered Domoslai to ensure his new lawyer would be presented for a video conference today to confirm a date for next week to complete the testimony.
“I do not want to leave Mr. Maxwell in limbo for a lengthy period of time,” said Warner, again stressing he was confident Domoslai could provide valuable assistance to his new lawyer.
The judge also warned that if new counsel was not available today, the cross-examination would continue.
Maxwell is only the Crown’s second witness to be called. The Crown opened its case with testimony from Dawn MacNeil, Domoslai’s ex-wife.
She described her former husband as abusive, controlling and manipulative. She said she suffered repeated physical and emotional abuse and was pressured by her husband to sign a separation agreement that favoured him.
Maxwell has testified that Domoslai paid him $20,000 as the first installment for a $100,000 hit on his wife. He told Domoslai that he knew someone who could do the job but admitted in court he made no contact with anyone else to complete the murder. He said he only wanted the money for himself.
He said he and Domoslai discussed several possible options, including running MacNeil over with a car, shooting her, or assaulting her with a hammer.
The relationship between the two men soured over money after Maxwell accused Domoslai of not paying him after he did some “dirty deeds” such as setting a fire near MacNeil’s home.
When questioned by Crown prosecutor Rick Hartlen, Maxwell said he told police about the plan because he felt sorry for Domoslai’s two children.
“What it boils down to is the children. Even if I had been paid, I would still be on the stand here today,” he said.
“Every time I look at my daughter, I would think what if that were my situation,” he said.
Domoslai, a native of Saskatchewan, is also charged with single counts of attempting to obstruct justice and perjury.
The perjury charges allege that Domoslai falsely swore he did not breach his release conditions and that he did not commit an assault.
All of the offences were allegedly committed between 2007 and 2010 in Sydney.