The Reminder is making its archives back to 2003 available on our website. Please note that, due to technical limitations, archive articles are presented without the usual formatting.
Accused of a 2011 Flin Flon murder, James Desmarais has had his case adjourned to Dec. 2 so that he can retain counsel. Desmarais was scheduled to make his most recent court appearance earlier this month in The Pas. He did not have a lawyer for the date, having fired his fourth attorney earlier this year. A legal expert told The Reminder that accused criminals cannot indefinitely switch lawyers. At some point, a judge can assign counsel to assist the accused or tell him that he will have to proceed without a lawyer. But the court has a duty to ensure the accused has 'a fair opportunity' to find qualified representation, particularly in serious cases such as this, the expert said. Otherwise, there is a risk of a guilty verdict being overturned on appeal if a higher court believes the accused should have had more chances to find a lawyer, said the expert. Thus the court will typically grant 'many chances' to an accused so there is no doubt he received a fair trial, the expert said. The expert added that situations where multiple lawyers are fired by accused criminals is not 'terribly unusual.' Desmarais, 46, has said he will plead not guilty to the second-degree murder charge against him. He also denies confessing to the RCMP, as the police have asserted. He has been held in custody since his Oct. 31, 2011 arrest in the death of fellow Flin Flonner Raylene Dawn Grant, 21.
