Disclosure problems continue for defence attorneys
(CNS): Former tourism minister, Charles Clifford, has become the latest local criminal attorney engaged in a battle with the crown to access what he believes is critical information for his client's defence. Following a court order regarding disclosure in an arson case last week by a judge, giving the prosecution only seven days to respond to the lawyer involved, the court heard Friday that the crown had complied. However, in a separate case relating to a rape, Clifford revealed he was having difficulties gaining access to telephone records that are important to the defence, among other issues.
In the arson case last week, Sven Connor’s lawyer, Nick Hoffman, revealed that, despite a series of requests, he had still not received critical information about the accusations against his client, who is charged with two counts of arson and endangering life. On Friday Hoffman told the court that he had received most of the documents he needed and the crown had complied with the order issued the week before by acting Justice Carol Beswick and the trial was set for November.
However, Clifford, who is representing Shane Connor regarding an accusation of rape, asked acting Justice Michael Mettyear to issue an order to the telephone service provider to give him access to phone records. The former politician stated that time was running short as the trial was scheduled for November and all he had been offered so far was access to raw data at the Office of the Director of Public Prosecutions. Clifford had also listed several more problems where he was seeking information from the crown that had not been forthcoming, including the tapes of the interviews his client gave to the police.
The judge made an order for the release of the tapes but held back on issuing anything regarding the telephone service provider. Justice Mettyear told Clifford to wait until after his visit to the DPP’s office scheduled for that afternoon and, depending on the results, make another application if necessary.
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Category: Crime
