Dana Metcalfe court hearing set over after her lawyer, Averill Baker, hit with suspension
Metcalfe and co-accused Shane Sweeney due back in court Dec. 13
Dana Metcalfe and Shane Sweeney were back in provincial court Thursday morning on charges of harassing and disturbing Premier Andrew Furey, but there was a hiccup preventing the case from moving forward.
Metcalfe's lawyer, Averill Baker, has been suspended by the Law Society of Newfoundland and Labrador.
Metcalfe and Sweeney are facing charges of criminal harassment and causing a disturbance over a "surprise convoy" protest on July 9 outside Furey's Portugal Cove-St. Philip's home.
The court heard Sweeney is being represented by Avalon Law Group lawyer Sandra Fry.
Fry explained to Judge Pamela Goulding she was new to the case and needed more time to familiarize herself with it.
Metcalfe raised her hand to tell the judge that she had been informed by Baker on Friday that she no longer intends to practise law. As a result, Metcalfe said she was looking for a new lawyer.
Baker did not respond to requests for comment from CBC News as of publishing time.
The judge agreed to set the next court appearance for Dec. 13.
It was announced earlier that a Crown prosecutor would be brought in from Nova Scotia to handle the case in order to avoid allegations of conflict of interest, as the case involves the premier. Nova Scotia Crown lawyer Robert Kennedy appeared via teleconference on Thursday.
Baker's law society membership was suspended effective Oct. 25 because she failed to complete 15 hours of professional development, which is mandatory of all practising members of the law society.
Path forward for Baker
According to a statement from the law society, Baker's suspension can be lifted if she fulfils the course hours and then files an application to have her practising status reinstated.
"This application will be reviewed by the education committee of the Law Society who may impose certain conditions, restrictions, and/or requirements which they reasonably determine to be in the public interest," added a spokesperson.
While this was Baker's first suspension, she has been disciplined previously.
In 2014, Baker was disciplined by the law society for an explosive and profanity-laced tirade against a provincial court clerk that took place in 2011.
Also in 2014, Baker was caught sharing what was described as a "passionate kiss" with then client Philip Pynn, just moments before he was arrested in relation to a murder charge.
Her apartment had been under Royal Newfoundland Constabulary surveillance on July 11, 2011, two days after Nick Winsor was shot to death on Portugal Cove Road.
More recently, in September the law society's adjudication tribunal found Baker guilty of eight complaints.
Documents say Baker had pleaded not guilty but didn't co-operate with the investigation.
At one point Baker claimed to be too ill to attend a hearing, only to pop up on her YouTube channel where she gives tarot card readings, as first reported by the online news organization allNewfoundlandLabrador. Her channel, Prisca Theologia Tarot, has more than 8,000 subscribers.
The complaints stem from her interactions with clients and the law society, such as not co-operating with a trust audit or a disciplinary investigation.
Another complaint was that after she was evicted from her law office in November 2021, she failed to protect solicitor-client information.
The adjudication tribunal decided that Baker deserved to be sanctioned and that it was up to the law society to connect with Baker to determine what sanctions would look like.
Summer 'surprise convoy'
Thursday's court appearance stems from an incident outside the premier's home this past summer.
Videos posted to Sweeney's Facebook account show a protest filled with honking vehicles and smoke flares outside Furey's home.
The protesters claimed they were there to speak out against the "sexualization and indoctrination" of schoolchildren.
Talking to his camera, Sweeney said they were at Furey's home because "he doesn't listen to us when we're at Confederation Building. He sends his paid counterprotesters to city hall. So here we are."
Metcalfe, who was seen in the video at the protest, also posted Sweeney's video to Facebook and X, the platform then known as Twitter.
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Corrections
- A prior version of this article had said Averill Baker had been representing both Dana Metcalfe and Shane Sweeney. In fact, Baker only had represented Metcalfe.Nov 03, 2023 8:06 AM NT
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