Appeal court rejects bid to overturn conviction

A Cape Breton man’s claim that his criminal conviction was the result of ineffective representation by his defence lawyer has been rejected by the Nova Scotia Court of Appeal.

Roderick Joseph Domoslai, 56, of Grand Mira North, was convicted on charges of counselling an individual to commit arson and perjury. He was found not guilty of counselling an individual to commit murder while a charge of obstruction of justice was stayed.

He was sentenced to a federal prison term of two years.

Domoslai appealed the conviction on the grounds of ineffective representation by defence lawyers Laura McCarthy and Raymond Kuszelewski, partners in a Halifax-based law firm.

In writing the majority decision for a three-member panel of the court, Justice Linda Oland concluded that a review of Kuszelewski’s overall performance during the seven-day Supreme Court trial did not support a finding of a miscarriage of justice.

“It may not have been brilliant, but it was workmanlike and steady enough. It is clear that he knew the case to be met, and he asked questions in an orderly manner to elicit the information he wanted,” said Oland, in a written decision released Thursday by the court.

Further, said Oland, some of the allegations by Domoslai regarding Kuszelewski’s performance were exaggerated and not borne out by the record.

The charges against Domoslai were filed in 2016 and by the time the case came to trial, McCarthy and Kuszelewski represented the fourth time Domoslai changed defence counsel.

The charges flow from a highly acrimonious divorce proceeding between Domoslai and his ex-wife, Dawn MacNeil. MacNeil was the alleged target for the counselling of murder charge.

When the trial opened in July 2016, Domoslai was represented by Laura McCarthy but three days later, McCarthy sought an adjournment, citing a breakdown in the solicitor/client relationship.

The judge declined to grant the request she be removed as counsel, ordering McCarthy to continue to assist Domoslai as a court-appointed advisor.

Shortly after, another lawyer in the firm, McCarthy’s husband Lyle Howell, said he would be able to represent Domoslai but three days later, that offer was rescinded and Kuszelewski took over the case.

In his appeal, Domoslai alleged a host of wrongdoings by his legal defence team including that they were unprepared and failed to call key witnesses.

“Evidence that a defence lawyer did not fully prepare his witnesses or the accused carefully and thoroughly for direct and cross-examination raises concerns,” said Oland.

“However, in the particular circumstances of this case, I am of the view that its significance is much diminished because of the appellant’s (Domoslai) heavy involvement and detailed knowledge of the matter.”

The court decision also noted that Domoslai’s appearance before the appeal court indicated a determined and focused individual who was articulate and forceful.

Domoslai’s legal woes aren’t over yet as he is to appear in provincial court in Sydney June 6 for a trial on a charge of breaching a court order.

The order relates to release conditions imposed when he was granted release pending appeal of his conviction.