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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71153
Experience:  Over 5 years in practice
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I have a friend in prison being held on a murder charge, case

Customer Question

I have a friend in prison being held on a murder charge, case goes to court 1 July 13.
He is unhappy as to the way his lawyers are handling or not handling his case.

He feels that his lawyers are not listening to him or flowing up what he ask them to do.
At this late point in the hearing, what can he do, can he look at changing his lawyers. can he get more time before the case starts to sort this out. He has no money so his case or defense is being done by the state.

He ask me to look in to this for him, I know these are broad questions but I have no idea where to start or even what to or who to ask on such a thing.

I know the wheels are turning and at this late point there is most likely not much he can do or even change but shortly if he is not happy that his defense is being handled right there is something that can be done for him.
Submitted: 4 years ago.
Category: Law
Jo C.
Expert:  Jo C. replied 4 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

What is he pleading to this charge of murder?
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Customer: replied 4 years ago.

not guilty


he would plead guilty to manslaughter
Expert:  Jo C. replied 4 years ago.
What's his defence to murder please?
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Customer: replied 4 years ago.

FOR JOMO1972



defence to murder to tell you the truth I would have to ask him that as a direct question.


from the talking we have done I know on the day of the even that he and his partner argued she acted him with in the fight she tried to hit him with a metal bar he took it off of her and in the fight and hit her with it. in a fit of rage he struck her with the bar twice i believe, he didn't mean to kill her.


Expert:  Jo C. replied 4 years ago.
Ok.

He is raising provocation and diminished responsibility then

I'm not sure what your question is about this? Are you asking what the process is.?
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Customer: replied 4 years ago.

FOR JOMO1972


He asked me to see what he can do as unhappy with his lawyer and what they are doing.


 


my questions are if that unhappy can he ask to change his lawyers at this late date in the case.


 


He dose not feel that all has been looked in to by his lawyers


 


question if he feels that he is not ready to go to court as not all evedance


on his defence is ready can he say he is not ready to to to court and if so what would that mean


 


question if his lawyers are not doing a good job for him in his eyes can he ask to have his lawyers change at this later date.


 


I have know idea of the law and what can and can't be done but they are the three main questions at this time.


 
Expert:  Jo C. replied 4 years ago.
He can always say he's not ready but the case would proceed in his absence and since he has the burden of proof with these defences that would be a really bad idea because he would lose.

If there is genuinely disclosure outstanding then the defence can make an application to adjourn for that reason.

He can make an application to transfer legal aid. Given the nature of the case and its value generally his existing firm are likely to resist that application. You can still apply but you have to show a breakdown of trust and confidence which is not the same thing as being displeased unfortunately. Generally speaking it is easier to transfer legal aid earlier in the case when limited work has been done than later.

He shouldn't be excessively concerned about delay though. Diminished responsibility and provocation are defences that can't be pleaded until the crown have fully disclosed.

Can I help further?
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Customer: replied 4 years ago.

FOR JOMO1972



Hi thanks for your time on this your answers are what i sort of thought they would be but you have given some of the right wording to be able to say to him when we next talk. I am shore that his existing firm is doing a good job and the right one, I can also understand were he is in his mind at this time, so that would have a lot of bearing on the questions he has asked me to look in to for him. I do know that there are some question left not answered by his existing firm but they must have there resins for that or they are still working on them.


 


 
Expert:  Jo C. replied 4 years ago.
Yes, he is on remand and facing a serious charge so he will want answers fairly quickly and the problem is that minders generally are not reduced down quickly.

Thats not to say it won't work long term.
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