The inquest into the police shooting death of Andreas Chinnery risks “a lot of controversy” if the lawyer for the two police officers involved is not disqualified, warned the counsel for the victim's family.
The inquest heard arguments Friday for and against the removal of lawyer Gary Clewley, who represents constables Michael McNaughton and Bryan Spencer.
Family lawyer Matthew Friedberg argued Clewley should be barred because he represented both officers during the Special Investigations Unit probe into the February 2011 shooting death of 19-year-old Chinnery.
But Mark Sandler, who stood in as counsel for the officers for the motion, argued the “drastic step” of removing a lawyer over a conflict requires “concrete” evidence. “There is none,” he said.
Friedberg said he believed Clewley acted in good faith while representing both the officer who pulled the trigger and the officer who witnessed the shooting, but added the “appearance of conflict” endangers public confidence in the inquest.
“What would the average person on the street say if they knew the shooter and the only witness have the same lawyer?” he asked, later adding the issue would “come to a head” during the inquest if Clewley was allowed to continue.
“I'm putting everyone on notice now … this will cause a lot of controversy.”
Presiding coroner Dr. Jack Stanborough reserved judgment on the motion Friday, but told the inquest he doesn't mind conflict if it ultimately leads to good recommendations.
“We don't mind controversy here,” he said.
Sandler said he agreed a coroner should always consider “the appearance of impropriety” in a public inquest.
“But in this case, there just isn't any,” he said, arguing it was common practice before and during 2011 for lawyers to represent multiple police officers involved in an SIU investigation.
New protocols effectively banning the practice have recently been adopted in the legal profession.
Hamilton police lawyer Marco Visentini and counsel to the coroner Karen Shea also argued against replacing Clewley, who attended the hearing but didn't address the inquest.
Stanborough will hear a procedural matter Monday, but it's unclear when he'll rule on the disqualification motion.
905-526-3241 | @Mattatthespec
The inquest into the police shooting death of Andreas Chinnery risks “a lot of controversy” if the lawyer for the two police officers involved is not disqualified, warned the counsel for the victim's family.
The inquest heard arguments Friday for and against the removal of lawyer Gary Clewley, who represents constables Michael McNaughton and Bryan Spencer.
Family lawyer Matthew Friedberg argued Clewley should be barred because he represented both officers during the Special Investigations Unit probe into the February 2011 shooting death of 19-year-old Chinnery.
But Mark Sandler, who stood in as counsel for the officers for the motion, argued the “drastic step” of removing a lawyer over a conflict requires “concrete” evidence. “There is none,” he said.
Friedberg said he believed Clewley acted in good faith while representing both the officer who pulled the trigger and the officer who witnessed the shooting, but added the “appearance of conflict” endangers public confidence in the inquest.
“What would the average person on the street say if they knew the shooter and the only witness have the same lawyer?” he asked, later adding the issue would “come to a head” during the inquest if Clewley was allowed to continue.
“I'm putting everyone on notice now … this will cause a lot of controversy.”
Presiding coroner Dr. Jack Stanborough reserved judgment on the motion Friday, but told the inquest he doesn't mind conflict if it ultimately leads to good recommendations.
“We don't mind controversy here,” he said.
Sandler said he agreed a coroner should always consider “the appearance of impropriety” in a public inquest.
“But in this case, there just isn't any,” he said, arguing it was common practice before and during 2011 for lawyers to represent multiple police officers involved in an SIU investigation.
New protocols effectively banning the practice have recently been adopted in the legal profession.
Hamilton police lawyer Marco Visentini and counsel to the coroner Karen Shea also argued against replacing Clewley, who attended the hearing but didn't address the inquest.
Stanborough will hear a procedural matter Monday, but it's unclear when he'll rule on the disqualification motion.
905-526-3241 | @Mattatthespec
The inquest into the police shooting death of Andreas Chinnery risks “a lot of controversy” if the lawyer for the two police officers involved is not disqualified, warned the counsel for the victim's family.
The inquest heard arguments Friday for and against the removal of lawyer Gary Clewley, who represents constables Michael McNaughton and Bryan Spencer.
Family lawyer Matthew Friedberg argued Clewley should be barred because he represented both officers during the Special Investigations Unit probe into the February 2011 shooting death of 19-year-old Chinnery.
But Mark Sandler, who stood in as counsel for the officers for the motion, argued the “drastic step” of removing a lawyer over a conflict requires “concrete” evidence. “There is none,” he said.
Friedberg said he believed Clewley acted in good faith while representing both the officer who pulled the trigger and the officer who witnessed the shooting, but added the “appearance of conflict” endangers public confidence in the inquest.
“What would the average person on the street say if they knew the shooter and the only witness have the same lawyer?” he asked, later adding the issue would “come to a head” during the inquest if Clewley was allowed to continue.
“I'm putting everyone on notice now … this will cause a lot of controversy.”
Presiding coroner Dr. Jack Stanborough reserved judgment on the motion Friday, but told the inquest he doesn't mind conflict if it ultimately leads to good recommendations.
“We don't mind controversy here,” he said.
Sandler said he agreed a coroner should always consider “the appearance of impropriety” in a public inquest.
“But in this case, there just isn't any,” he said, arguing it was common practice before and during 2011 for lawyers to represent multiple police officers involved in an SIU investigation.
New protocols effectively banning the practice have recently been adopted in the legal profession.
Hamilton police lawyer Marco Visentini and counsel to the coroner Karen Shea also argued against replacing Clewley, who attended the hearing but didn't address the inquest.
Stanborough will hear a procedural matter Monday, but it's unclear when he'll rule on the disqualification motion.
905-526-3241 | @Mattatthespec