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A Nova Scotia provincial court judge has granted a mistrial in a sexual assault case because of the conduct of the original defence lawyer.
Judge Alain Bégin made his ruling on Jan. 22 in the case of Ethan MacQuarrie, with a written version being released on Friday.
In granting the mistrial, Bégin said the conduct of lawyer Ashley Wolfe was “deeply troubling.”
According to the judge’s decision, warning signs appeared on the second day of a scheduled three-day trial, when it was apparent there were growing issues between MacQuarrie and Wolfe.
When they both initially suggested a mistrial was necessary, Bégin urged them to try to reconcile their differences and preserve the trial, so that witnesses would not be forced to testify again.
But in granting the mistrial, Bégin said he had not been aware of what was going on behind the scenes or in the weeks leading up to the trial.
MacQuarrie provided an affidavit to the court. In it, MacQuarrie listed some of the problems he had with Wolfe.
A written version of Judge Alain Bégin’s decision was released on Friday. (courts.ns.ca)
They included the allegation that she withheld or denied the existence of evidence, that she did not obtain a transcript of the complainant’s statement and, most seriously, that Wolfe allegedly counselled MacQuarrie to “sell” the idea that their relationship had broken down in order to secure a mistrial.
The affidavit also includes the allegation that Wolfe advised MacQuarrie to make a false accusation against Bégin to the province’s chief judge to ensure he was removed as trial judge.
Bégin said MacQuarrie provided handwritten notes to the court in which the pair allegedly discussed making a complaint against the judge.
Another allegation MacQuarrie made against Wolfe is that she acted as a go-between between him and his mother to arrange for the payment of a gambling debt he incurred from playing poker in jail. The gambling debt was reported to be $245 and MacQuarrie wanted it paid ASAP.
In her own affidavit, Wolfe denied she failed to meet with MacQuarrie prior to the trial. She also denied she wrote the notes that MacQuarrie produced that allegedly showed them discussing strategy for getting a mistrial.
“When counsel for Mr. MacQuarrie questioned Ms. Wolfe on her being involved in helping an incarcerated client pay off a jailhouse poker debt, she confirmed that she had sent those texts to Ms. MacQuarrie,” Bégin wrote in his decision.
“When asked why she would have done so, likely in clear violation of her ethical obligations as a lawyer, she stated, ‘He said that it was urgent’ and ‘He said that it had to be done.’”
In an emailed statement, a spokesperson for the Nova Scotia Barristers’ Society, the body which regulates and disciplines lawyers in the province, said the society is aware of the decision and is currently reviewing it.
Efforts to reach Wolfe for comment were not successful by deadline.
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