The applicant sought a mistrial after being convicted of importing heroin, conspiracy to import heroin, and possession for the purpose of trafficking.
He alleged ineffective assistance of counsel, claiming trial counsel prevented him from testifying and coerced him into signing written instructions declining to testify.
The court reviewed affidavit and viva voce evidence from the applicant and three defence lawyers involved in the case, assessing whether counsel overrode the applicant’s decision or exerted improper pressure.
The court found the applicant’s testimony not credible and accepted the evidence of counsel that the decision not to testify was the applicant’s informed and voluntary choice after receiving strong but legitimate legal advice.
The court held that the legal representation fell well within the range of competent counsel and that no miscarriage of justice occurred.
