On a Crown motion to remove defence counsel in a murder prosecution, the court considered whether former representation of a proposed Crown witness created a disqualifying conflict of interest.
The court held that the alleged conflict based on a possible alternate suspect theory and anticipated cross-examination was too speculative, particularly given express waivers after independent legal advice, sworn evidence that the witness was not the alternate suspect, and the availability of co-counsel to conduct any cross-examination.
Applying the governing principles on counsel of choice and solicitor conflict, the court found no compelling reason to disqualify counsel.
