In some court cases you may be surprised to learn who’s footing the bill.
Earlier this week, testimony from Crown witnesses concluded in the Joshua Petrin first-degree murder and the defence told court it would not call evidence which meant Petrin would not take the stand.
READ MORE: Joshua Petrin will not testify; 1st-degree murder trial heads into final phase
In December 2012, Petrin was charged in connection to Lorry Santos’ death along with two other men.
A fatal shooting took place on Sept. 12, 2012 after gang members were given the wrong address. It’s alleged Petrin was the mastermind behind it all and that the intended target was a former gang member named T.J. who left the gang without asking.
The two shooters associated with the murder are serving out life sentences but Petrin’s case has taken four years to get to trial.
According to a recent report “Delaying Justice is Denying Justice” issued by the standing Senate committee on legal and constitutional affairs, the average amount of time it takes for homicide cases to go to trial in Canada is 451 days.
READ MORE: Joshua Petrin trial day 7: 23 witnesses later, the Crown closes its case
Petrin would have stood trial sooner if not for firing his first lawyer and having his second legal team withdraw from the case.
He is now represented by Brian Pfefferle, a Saskatoon based criminal defence lawyer who says Petrin will be his 11th legal aid client accused of murder that he’s represented in court in eight years.
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“Sometimes major crime cases, because of the demand of legal aid staff resources as well as the fact there may be some conflicts, they ask private counsel to represent individuals that would be otherwise qualifying for a staff legal aid lawyer,” Pfefferle said.
Typically, hundreds of hours are spent preparing for court when it comes to homicide cases said Pfefferle.
So who will be paying for Petrin’s legal bills? Legal aid plans are government funded so taxpayers will be covering the cost.
Financial support is provided by the Legal Aid Commission but at a reduced rate of $88 an hour about one-quarter, even one-fifth of what is normally charged by private counsel.
“Make no mistake that individuals involved with doing legal aid farm-out work they’re doing it to improve the justice system, they’re doing it assist individuals in very vulnerable positions and they’re not doing it to get wealth that’s for sure,” Pfefferle said.
Checks and balances are in place and legal bills reviewed by the commission to make sure what is being charged is appropriate and an accurate reflection of the work provided.
“In order for our justice system to continue to work it needs to work effectively and it needs to be a just system where everybody that comes before the court is given their fair day,” Pfefferle said.
“That means for victims of crime, it means for witnesses, it means for accused persons and everybody benefits when people are represented.”
READ MORE: Josh Petrin’s ex-girlfriend testifies at 1st-degree murder trial: ‘I’m scared of him’
Click here to scroll through evidence presented at trial:
Six weeks were set aside for Petrin’s trial but even from the outset the Crown and the defence didn’t think it would take nearly that long.
Instead it wrapped up in eight days with closing arguments scheduled for Oct. 12, something that would have never have happened if Petrin had self-represented said Pfefferle.
“In my experience, if you have a self-represented individual you’re typically looking at two to three times longer to conduct that matter, where that means of course other resources whether it be Crown resources, police resources or court resources are being wasted frankly.”
So by having an accused represented, said Pfefferle, is an efficiency to the overall system and avoids an even greater evil.
“We come from a province where we have a fairly notorious wrongful conviction in the David Milgaard case and proper representation is important to ensure that those individuals facing serious charges are not wrongfully convicted of them.”
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