Appeal from murder conviction. Issue regarding the admissibility of statements made to police, and an alleged 10(b) breach. Accused wanted to speak to a specific lawyer upon arrest. Police assisted the accused in attempting to reach that lawyer, however, the attempts were unsuccessful. Accused then spoke to duty counsel, and responded “yes” when police asked him if he was “satisfied” with the call.
Held: Appeal dismissed.
“The police do not violate a detainee’s right to counsel of choice when his preferred counsel is unavailable and the detainee voluntarily chooses to call a different lawyer. This case is similar to Willier and McCrimmon, in that the appellant initially told the police he wanted to speak with a specific lawyer, but when his preferred lawyer was unavailable, the appellant decided to speak with duty counsel instead … he freely chose to speak with a different lawyer.”
P. Milczarek – Defence Counsel