UPDATE: Judge allows lawyer to withdraw from murder case

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David Folker. — Telegram file photo

This afternoon, Justice Wayne Dymond accepted lawyer Bob Simmonds' application to be removed as David Folker's lawyer.

John Duggan of the Legal Aid Commission was in court and told the judge he had spoken with Folker about retaining new counsel.

The case was set over to Nov. 1, at which time an update on counsel and whether or not the trial dates can remain, will be determined.


(Earlier story)

Lawyer Bob Simmonds is asking the Newfoundland Supreme Court to allow his law firm to withdraw from representing David Folker, the 41-year-old man accused of murdering his girlfriend Ann Marie Shirran in 2010.

 In court today, Simmonds told the judge his request is for "professional and private reasons."

However, Simmonds made it clear that it had nothing to do with Folker. He called him "a model client," who has adhered to bail conditions and was always reachable.

If his firm continued to represent him, Simmonds said, it would "cause very grave difficulties for us."

The case will be called again this afternoon, when Justice Wayne Dymond is expected to make a decision about the issue.

 Folker's 32-year-old girlfriend disappeared July 18, 2010, and was reportedly last seen at the Kilbride home she shared with Folker and their young son.

He reported her missing. An extensive search was conducted, but it wasn’t until Sept. 2, 2010 that Shirran’s body was found by campers in the woods south of Cappahayden.

Organizations: Newfoundland Supreme Court

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Recent comments

  • CBGirl
    September 28, 2012 - 06:05

    Abides by bail terms + always reachable = model client. He didnt go on to say Folker is a model citizen (still innocent until proven guilty). Who knows what the outcome will be. If theres not enough evidence pointing at Folker, the guy cpuld walk. People have to be prepared for that outcome.

  • Whaddaya At ?
    September 27, 2012 - 20:41

    Ever see Bob Simmonds ' doing his thing ' in court ?. He's a cross between Jaws and a bald headed cheshire cat with OCD.

  • David
    September 27, 2012 - 19:15

    Certain Lawywrs in St. John 's have really taken a liking to the fame-celebrity-media lifestyle that they see on U.S. cable TV...what a crowd of self-promoting morons. Get over yourselves....you could't shine shoes in Halifax, let alone Ottawa.....get over your (pititful) selves and earn your ambulance-chasing fee.

  • Mike
    September 27, 2012 - 12:30

    Townie, you've heard of innocent until proven guilty right? Or are you unfamiliar with that?

  • original townie
    September 27, 2012 - 11:03

    Mr. Simmonds....can you spell oxymoron. This guy is charged with murder however he is a "model client". Really, some lawyers. I'm sure Mr. Simmonds will find another upstanding citizen to represent :(

    • prufock
      September 27, 2012 - 14:06

      You can spell it, but apparently don't know what it means.

    • carogers
      September 27, 2012 - 15:36

      Well Orginial Townie, the lawyer said "model client" not model citizen. That means all things "a client should do was done" like keeping the peace, staying away from certain places or people, responding to messages in a timely manner. It means the man met all expectations placed upon him by the court. That's all.

  • Eli
    September 27, 2012 - 09:40

    Did Simmonds have to wait until this case was called? It will undoubtedly cause another huge delay seeking justice. Shame on him.

    • Louis Humphreys
      September 27, 2012 - 11:10

      Mr Simmonds is a very respectful lawyer. I'm most certain he was acting properly within the constraints of criminal law.