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Lawyers in cop gang sex assault case removed


Lawyers for two of the three Toronto Police officers charged last year with the gang sexual assault of a female parking enforcement officer have been removed from the case.

Peter Brauti, who represented Joshua Cabero, 29, and Michael Lacy who represented Sameer Kara, 32, were disqualified from acting for their clients, Justice John Macdonald ruled last week.

“I conclude there is a substantial and realistic risk of adversity will develop between the defence positions of Cabero and Kara such that their lawyers will have conflicting duties of loyalty in representing them,” stated Macdonald.

“As a result, they will not be able to provide effective representation to either of them in the circumstances which I find are likely to arise.”

Kara hired Lacy while he was still a member of Greenspan Partners LLP, while Cabero retained Brauti.

Afterwards, Lacy left Greenspan to become a partner at Brauti’s firm and the Crown raised the question of conflict of interest and wanted them moved off the case.

Lacy and Brauti denied there was a conflict or the risk of one developing.

“We are very disappointed with the decision to remove us as counsel. We believe in our clients and very badly wanted to see the case through,” Brauti said.

Cabero has hired prominent Windsor defence lawyer Patrick Ducharme to replace Brauti. Kara has yet to choose a new lawyer.

Leslie Nyznik, 39, will continue to be represented by lawyer Harry Black.

Lawyers for all three men will appear in court on Sept. 16, when a trial date may be set.

Original Article: http://www.torontosun.com/2016/07/20/lawyers-in-cop-gang-sex-assault-case-removed

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