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Retrial ordered over judge’s refusal to allow counsel to be removed from record

Friday, January 05, 2018 @ 10:39 AM | By Amanda Jerome

The Ontario Court of Appeal has ordered a retrial for a man convicted of killing his wife, as it determined a trial judge’s ruling created an appearance of unfairness when he dismissed defence counsel’s application to be taken off the record.

“About six weeks before the trial, defence counsel brought an application to be removed from the record. As I will explain, the trial judge was obliged in the circumstances to remove trial counsel from the record. Instead, he required counsel to continue to act for...