Murder-for-hire trial adjourned again
Defence lawyer unable to attend
The trial of a Sydney man charged with attempting to arrange the murder of his ex-wife fell off the rails again Thursday when defence lawyer Ray Kuszelewski was unable to attend.
Accused Roderick Joseph Domoslai told Supreme Court Justice Gregory Warner that his lawyer would not be able to attend because of a knee problem.
Warner had previously scheduled two days this week for the defence to complete its cross-examination of a key Crown witness, Erin Maxwell. The cross-examination is now scheduled for Sept. 6.
“I am hoping this matter proceeds in an orderly fashion. It hasn’t so far,” Warner said in adjourning the trial to September.
Meanwhile, Cape Breton Regional Police have launched an investigation into a comment uttered by a female attending the trial with Domoslai on Thursday and directed at Maxwell.
The woman allegedly called Maxwell a rat — a term used to describe police informants.
Police are investigating whether the comment amounts to an intimidation of a witness.
Domoslai, 53, faces two counts of attempting to arrange the murder of his ex-wife along with a third count of attempting to arrange an arson. He is also charged with perjury and obstruction of justice.
The charges were filed Oct. 4, 2013, at which time Domoslai made his first court appearance. Since then, he has ended defence relationships with at least four lawyers, resulting in further delays in getting the case to trial.
Warner has estimated that at least 17 months of delay can be attributed to the defence.
The scheduled 10-day trial finally began in Sydney on July 4 but two days later it was adjourned after then-defence lawyer Laura McCarthy asked to be removed, citing ethical concerns.
Domoslai then retained another lawyer in McCarthy’s Halifax firm, her husband Lyle Howe. Howe appeared briefly by video but the following day informed the court he was not permitted to take the case.
Howe is currently embroiled in a disciplinary hearing with the Nova Scotia Barristers Society and is under a number of restrictions when it comes to taking on new cases.
After that, Domoslai hired another lawyer in the same firm, managing partner Kuszelewski who said he would be ready to proceed days later.
When he did appear in court in Sydney, he requested an adjournment that Warner granted until this week when again Kuszelewski requested a further adjournment.
Prosecutor Shauna MacDonald said Wednesday it was disappointing to have yet another adjournment in the case.
“Delays always have an impact on witnesses but we are every confidence they will be ready to go,” she said.
It is expected that the Crown will call an additional five or six witnesses. There has been no indication how many witnesses may be called by the defence.
Domoslai’s ex-wife Dawn MacNeil and Maxwell have been the only witnesses to take the stand.
MacNeil described her former husband as abusive, controlling and manipulative. Maxwell said he received $20,000 from Domoslai as a down payment for the job to murder MacNeil.
Maxwell testified it was never his intent to complete the job but rather just take the money.