Joel Clow's murder trial adjourned as lawyer resigns abruptly
Clow has pleaded not guilty to charges relating to Traci Lynn Lynch's death in July 2015
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- Joel Clow later pleaded guilty to manslaughter after a previous murder conviction was overturned.
The lawyer for Joel Clow promptly resigned on the opening day of Clow's trial for first-degree murder on Tuesday.
"A matter has come up that makes it impossible for me to continue," Thane MacEachern told the court.
"It is an ethical matter … Mr. Clow is refusing to accept my advice."
Joel Lawrence Clow, 47, of Pleasant Grove, P.E.I., has pleaded not guilty to first-degree murder and one count of indecent interference with a human body.
- Dead body found in Pleasant Grove prompts RCMP investigation
- Joel Clow, accused of Traci Lynch's murder, remains in custody
- Joel Clow pleads not guilty to charges in relation to death of Traci Lynch
Clow was arrested by Queen's RCMP last July, following the discovery of the body of Traci Lynn Lynch, 40, at a wooded residential property on Route 220 in the Queen's County community of Pleasant Grove.
Lynch was originally from Pictou, N.S., and had been living in Pleasant Grove with her young son.
Crown asks for trial to go on
Crown prosecutor Cindy Wedge opposed any delay in the trial, despite the defence lawyer's withdrawal.
"There's a victim's bill of rights in Canada," Wedge told Supreme Court Justice Wayne Cheverie.
"The mother of Traci Lynch is in court today. She travelled from Nova Scotia. They have a great desire to see this finished. We have six witnesses ready to testify today."
Cheverie told the court he must accept the defence lawyer's right to withdraw and, according to case law, he cannot ask for any more details behind his decision.
Clow, in handcuffs and leg irons, was seated in the court room beside his lawyer.
The judge had a question for him.
"Mr. Clow, are you prepared to find another lawyer to represent you in this matter?"
"Yes, I am," Clow replied.
Trial will take longer than scheduled
About two dozen people were seated in the public gallery of the court room. They had been waiting more than an hour for the trial to begin, while the lawyers met behind closed doors with the judge in his chambers.
After questioning Clow, Cheverie addressed the court.
"Three weeks have been set aside for this trial," he said.
"Based on the number of witnesses, I suspect that won't be enough time. This trial will take more like five weeks."
The case has been adjourned until June 20. Clow has until then to find a new lawyer, but Cheverie said the new lawyer will need time to prepare, so it is uncertain when the trial will resume.
'Emotions may run high'
Clow has remained in custody since his arrest last year.
Clow arrived at P.E.I. Supreme Court in Charlottetown shortly after 9 a.m. in the back of a correctional services van. The van entered the building through a parking garage under surveillance of security cameras.
While the lawyers were conferring with the judge before MacEachern's withdrawal from the case, the courthouse sheriff briefed those in the public gallery on what may lie ahead.
"Emotions may run high," said chief sheriff Ron Dowling,
"Some of you may find this trial difficult. But the judge will not tolerate disruptive outbursts.If that happens, you may be asked to leave and not allowed to return … The court welcomes you here to see justice done."
Clow is also charged with uttering threats and interfering with a police officer, in connection with an incident that took place a few months before Lynch died. He has pleaded not guilty to those charges as well. This trial will also deal with those charges.
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