The Crown brought an application seeking an order removing defence counsel from the record on the basis of an alleged conflict of interest arising from counsel’s prior representation of an individual previously accused of sexually assaulting the deceased.
The Crown argued that counsel’s duties to the former client could conflict with her representation of the accused, particularly if a third-party suspect theory emerged.
The defence responded that it did not intend to call the former client as a witness or allege third‑party responsibility, and the accused had received independent legal advice and wished to retain counsel.
The court found no evidentiary basis for a conflict of interest and emphasized the importance of the accused’s right to counsel of choice and the late timing of the Crown’s application.
The application to remove defence counsel was dismissed.
