Nova Scotia lawyers to prosecute Brandon Phillips
CBC News | Posted: October 20, 2015 1:36 PM | Last Updated: October 20, 2015
'Unfair to our client,' says defence lawyer Jeff Brace
Lawyers from Nova Scotia have been asked to handle the Brandon Phillips murder trial, to avoid what the justice department in Newfoundland and Labrador calls a potential conflict of interest.
Phillips, 27, is charged with first degree murder after the shooting death of Larry Wellman, 63, during an attempted armed robbery at the Captain's Quarters Hotel in St. John's on Oct.3.
"We're not prepared to comment on what the potential conflict might be at this time," the Director of Public Prosecutions for Newfoundland and Labrador, Donovan Molloy, told CBC News.
"Because that would involve commenting on the substance of a matter that is still before the court."
Molloy said it's all about maintaining public confidence in the justice system.
"If there's a potential confict, we always consider whether or not it is advisable to bring in an outside prosecution service, whether that might be hiring private counsel as was done with regards to a case that's still ongoing, the [Philip] Pynn prosecutions."
Molloy said it works both ways. He said lawyers from his province recently helped prosecute a murder case in Nova Scotia.
Brandon Phillips' defence lawyer said, however, that bringing in outside lawyers will "further complicate an already problematic situation."
Jeff Brace said problems getting information from the Crown and police has delayed Phillips' bail hearing.
Phillips is being held in custody at Her Majesty's Penitentiary and will be back in court Oct. 23. Brace said the Nova Scotia lawyers will be appearing on the phone.
"They tell us they will be working on releasing information. It really is truly unfair to our client." he said.
Besides first degree murder, Phillips is also charged with armed robbery, committing an offence while disguised, assault with a weapon and carrying a firearm without a licence.
The court has ordered that he not have any contact with long list of people, including his mother, Deborah Phillips and his girlfriend, Jade Ball.
Jade Ball is the daughter of Dwight Ball, leader of the Liberal Party of Newfoundland and Labrador.