Last week, a B.C. man was sentenced to five years in prison for a 2022 hit-and-run that killed an Irish man.
Alexandre Romero-Arata is also now facing sentencing in another case, a sexual assault involving a 16-year-old girl.
Both cases dragged on for longer than expected, as the accused changed his lawyers and sought new representation five times.
It’s a factor Eugene Byrne, the father of the 24-year-old hit-and-run victim noted outside the court, after flying to Vancouver to witness the proceedings.
Romero-Arata’s sixth counsel of record, Sarah Leamon, appeared last week for his sentencing on a guilty plea of criminal negligence causing death.
That decision was delayed for months after Romero-Arata discharged his previous legal counsel
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“An accused person can change lawyers at almost any time and if there’s been a breakdown in the solicitor-client relationship,” explained Andrew Nelson, a criminal defence lawyer and director with the Association of Legal Aid Lawyers.
“People can change lawyers for all sorts of reasons sometimes it’s a personal conflict sometimes there might be ethical issues.”
Legal Aid BC says eligible clients may only change counsel in limited circumstances, and there must be a valid reason for the change.
The organization added that it has the discretion to approve or refuse the change for clients receiving legal aid.
Former Crown prosecutor Rob Dhanu, K.C., said people accused of a crime have the constitutional right to representation, including the right to change counsel.
“There’s no real limit to how many times you can change a lawyer because there’s a charter right to have a lawyer but at the same time Legal Aid will put a stop to it if they think you’re abusing the system,” he said.
Dhanu acknowledged some people accused of a crime may attempt to use a change of lawyer improperly to delay court proceedings.
He said the court system must balance those concerns with an accused person’s right to legal representation.
“They just have to be extremely cautious when an accused fires their lawyer because they want to make sure that that person is able to have the proper representation,” he said.
“Otherwise what happens is that the accused person will appeal the case oftentimes and then the case will have to restart.”
While Romero-Arata’s deadly driving case has concluded, the sentencing hearing for his sexual assault conviction has been pushed to 2025.
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