Two attorneys indicated their curiosity in presumably taking over Samuel Kong Liong’s file, however the accused mentioned he was not assured of their capacity to signify him
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Murder suspect Samuel Kong Liong was denied a bid Tuesday for a decide to order the province to pay for him to have the lawyer of his selection.
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Provincial Court docket Decide Susan Pepper mentioned Liong had not exhausted his search by Authorized Help to search out attorneys prepared to behave for him on the funding company’s present charges.
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Lawyer Kelsey Sitar, performing for the Legal Protection Legal professionals Affiliation in Calgary, requested Pepper to order the province to pay protection lawyer Rebecca Snukal at the next fee to signify him on two units of expenses.
Sitar argued Liong couldn’t discover a competent lawyer within the province to signify him at Authorized Help charges because of an ongoing industrial motion by senior advocates who refused to take consumer certificates from the physique.
She mentioned that whereas two attorneys have indicated curiosity in presumably taking over Liong’s file, the defendants will not be assured of their capacity to signify him, nor has he developed a belief with them.
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However Pepper mentioned belief is one thing that can’t be constructed, and even misplaced.
“Counsel factors out that this is a crucial a part of an legal professional/consumer relationship,” the decide mentioned.
“Whereas I settle for that that is undoubtedly true, it can’t be the idea of an software for state-funded counsel. It could be very straightforward for a defendant to trust in a choose few attorneys,” Pepper mentioned.
“As soon as the connection has began, belief can’t be established, or it breaks down, that is a distinct concern.”
She mentioned the onus was on Liong to ascertain that he couldn’t discover a competent lawyer in Alberta to take his case at Authorized Help charges.
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“I discover that Mr. Liong has not met the excessive burden of building that he can not have a good trial with out Ms. Not Snukal as a lawyer. Mr. Liong ought to instruct Authorized Help to proceed looking for a reliable lawyer to take his case,” mentioned Pepper.
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However the decide mentioned if that would not be achieved, she could be ready to reopen the appliance for state-funded counsel.
“Nevertheless, if Authorized Help is unable to acquire a reliable lawyer in time, this software might be renewed. It’s clear that Mr. Liong wants a lawyer with some expertise to signify him.”
Liong is charged with manslaughter in reference to the demise of Mayiel Deng Kiir on July 24, 2021.
He additionally faces a separate set of expenses, together with theft and kidnapping, which can go to trial in February.
The case comes again earlier than Pepper on January 11 to find out whether or not Liong has discovered a lawyer prepared to work underneath Authorized Help charges.
KMartin@postmedia.com
On Twitter: @KMartinCourts
