Questions remain
Change of lawyers latest step in case
A meeting Friday to determine the next step in a Sydney man’s trial on charges including attempting to hire someone to kill his ex-wife produced more questions than answers.
The Supreme Court trial for Roderick Joseph Domoslai, 53, was thrown in a tailspin earlier this week when defence lawyer Laura McCarthy advised the court she could no longer represent the accused because of a breakdown in solicitor/client relations.
McCarthy explained the breakdown had nothing to do with financial matters but rather focused on ethical concerns.
Justice Gregory Warner granted the request but insisted that the evidence of the Crown’s key witness, Erin Maxwell, will be completed before any trial adjournment is granted to allow Domoslai to find a new lawyer.
Domoslai appeared in court Friday with his new lawyer, Lyle Howe, of Halifax, who appeared by video link.
“I’m a little surprised. I wasn’t expecting you,” said Warner in speaking with Howe.
Among the concerns of the judge and the two Crown prosecutors, Shauna MacDonald and Rick Hartlen, is whether Howe can take the case given that McCarthy works in the same firm and is Howe’s wife.
Both the Crown and the judge expressed concern that if one lawyer in a firm has ethical concerns about their relationship with a client, should not those concerns be equally shared among the firm’s partners.
“If the bar society says it is fine, then we’re okay,” said MacDonald, a comment shared by Warner.
The Post contacted the Nova Scotia Barristers Society – the professional body governing the conduct of lawyers in the province, Friday and asked if there was conflict with Howe accepting the case.
“The society is aware of the events involving the Domoslai trial in Sydney this week, and is reaching out to Lyle Howe and Laura McCarthy to obtain further information,” said Darrel Pink, society executive director.
“That is all we can say at this time. Mr. Howe’s practice restrictions remain posted on our website for the public to review,” he said.
Howe is currently involved in a disciplinary hearing with the society and that hearing will resume July 18. He is allowed to continue to practice law under the terms of some 40 restrictions.
Warner said he would adjourn the trial until Monday when Howe is again expected to appear by video to inform the court of the bar society’s position.
However, the judge cautioned that whether Howe is retained, cross-examination of Maxwell would proceed on Wednesday.
Domoslai previously told the court he felt he was out of his league to conduct such an important cross-examination and wanted a lawyer to handle the matter.
Outside the courtroom Friday, Hartlen said the onus is now on Howe to ensure he is not in any conflict position.
He such delays are concerning to the Crown on several fronts including the affect it would have on the complainants in the case who have waited for years for the case to go trial.
There have been three previous trial adjournments in the case as Domoslai has experienced solicitor/client breakdowns with other lawyers.
The Crown has only called two witnesses in the case so far and could call and additional five or six.
The first witness to testify was Domoslai’s ex-wife Dawn McNeil who testified her former husband routinely verbally abused her and described numerous incidents of physical abuse.
Maxwell has testified he received $20,000 from Domoslai as partial payment for a hit on McNeil, which he said he never had any intention of carrying out. He told Domoslai who knew someone who would do the job for $100,000.