R. v. Alkhalil

R. v. Alkhalil

Judge found the accused's discharges were bona fide but concluded that because the case is highly complex, the core PGP evidence remains to be presented, and the discharged counsel lack sufficient preparation to serve effectively as amici, the accused cannot receive a fair trial unrepresented or with amicus;...

Source-derived case information.

Citation
2022 BCSC 560
Parties
Prosecutor: Regina; Accused: Rabih Alkhalil (a.k.a. Robby Alkhalil); Accused: Dean Michael Wiwchar; Accused: Larry Ronald Amero
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 April 2022
Procedural Posture
Criminal Jury Trial / Mid Trial Application: Ruling on Severance/mistrial and Appointment of Amicus Curiae
Outcome
Severance granted: Dean Michael Wiwchar is severed from co-accused Rabih Alkhalil and Larry Ronald Amero; amicus curiae not appointed as adequate substitute; trial to proceed separately for Wiwchar
Legal Topics
Severance, Mistrial, Amicus Curiae, Right to Counsel, Conflict of Interest, Co Conspirator Hearsay, Trial Fairness, S.11(b) Delay
Source Language
english
Criminal Law Procedural Law Severance Mistrial Amicus Curiae Right to Counsel Conflict of Interest Co Conspirator Hearsay +2 more

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Parties

Regina

Prosecutor

Rabih Alkhalil (a.k.a. Robby Alkhalil)

Accused

Dean Michael Wiwchar

Accused

Larry Ronald Amero

Accused

Procedural Posture

Criminal Jury Trial / Mid Trial Application: Ruling on Severance/mistrial and Appointment of Amicus Curiae

Legal Issues

  1. 1 Whether accused discharged counsel for tactical delay or bona fide loss of confidence
  2. 2 Whether a self-represented accused can receive a fair trial in a complex jury trial involving voluminous electronic evidence
  3. 3 Whether appointment of amicus curiae (former defence counsel) would adequately protect the accused's fair trial rights

Ratio Decidendi

Judge found the accused's discharges were bona fide but concluded that because the case is highly complex, the core PGP evidence remains to be presented, and the discharged counsel lack sufficient preparation to serve effectively as amici, the accused cannot receive a fair trial unrepresented or with amicus; accordingly severance of Dean Wiwchar from his co-accused is required and severance is preferred to a mistrial to preserve the trial against the remaining accused.

Court Disposition

Severance granted: Dean Michael Wiwchar is severed from co-accused Rabih Alkhalil and Larry Ronald Amero; amicus curiae not appointed as adequate substitute; trial to proceed separately for Wiwchar

Orders

  • Severance of Dean Michael Wiwchar from co-accused Rabih Alkhalil and Larry Ronald Amero
  • No appointment of amici (former defence counsel) as an adequate substitute for defence counsel in this case