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 Flin Flon murderer James Desmarais has fired yet another lawyer, but he will not have unlimited opportunities to change attorneys. Desmarais' recent decision to discharge Winnipeg lawyer Jodi Ostapiw means he has gone through four attorneys since being arrested less than two years ago. Crown prosecutor Todd Rambow confirmed Desmarais' decision, adding that the accused is 'considering seeking new counsel.' Desmarais, who has relied on court-appointed lawyers, has had his case remanded to Sept. 4 in the Court of Queen's Bench in The Pas. The remand came after Desmarais was due to attend a resolution conference, also in court in The Pas, earlier this month. 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. See 'Many' on pg. Continued from pg. 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. Rambow has said that Desmarais' first two attorneys sought and received permission to bow out of the case, though Rambow could not speculate as to why. Desmarais has said he dismissed his third lawyer because he did not feel that he was doing his job properly.
