Former lawyer blamed for suspect skipping court
Man was allegedly told he’d get new judge in luxury vehicles theft case, defence says
One of four suspects charged with stealing luxury vehicles during test drives was told by his lawyer not to show up for his trial so he could get a new judge, court was told Thursday.
Defence lawyer Adriano Iovinelli said Kirk Leslie Naziel is prepared to swear an affidavit outlining the conversation he had in July with former counsel Maggie O’Shaughnessy.
Naziel told provincial court Judge Josh Hawkes he was willing to waive his solicitor/client privilege to divulge the exchange he had with O’Shaughnessy.
“My client is prepared to testify that previous counsel, Ms. O’Shaughnessy, advised my client not to attend his trial,” Iovinelli said.
The lawyer said the accused informed him O’Shaughnessy told him to pursue a one-year work contract up north.
“Ms. O’Shaughnessy advised him to take that job and get his life in order … eventually, when he was arrested, most likely there would be a different Crown, a different judge on the file,” Iovinelli said.
He said he would normally have difficulty believing a lawyer would tell a client not to show up for trial, but it was the comment about a different Crown and judge that raised his concerns.
Iovinelli gave his client more credence when he learned O’Shaughnessy had applied to the assigned trial judge to remove himself from the file due to an apprehension of bias.
Judge Terry Semenuk denied O’Shaughnessy’s application a week before Naziel’s trial was to begin July 10, and also denied a bid by the lawyer to have the charges stayed because of unreasonable delay.
Iovinelli raised the issue at a bail hearing for Naziel, who has been charged with failing to appear in court for not showing up at his trial.
Crown prosecutor Ryan Jenkins is seeking Naziel’s detention on the new charge and is asking that his previous bail also be revoked for breaching a condition of his release to appear when required.
Hawkes adjourned the bail application so Jenkins can have the detective on the case contact O’Shaughnessy about Naziel’s allegations.
“I think it is proper that former counsel be given an opportunity to respond, these are grave allegations,” Hawkes said.
O’Shaughnessy closed her legal practice earlier this year, citing a health issue. She remains a member of the Law Society of Alberta, but her status has been changed to non-practising.
The case is back in court Dec. 11 to set a date for the bail hearing to continue.
O’Shaughnessy advised him to take that job and get his life in order … when he was arrested, most likely there would be a different Crown, a different judge.