Erin Breen is prepared to continue to represent Thomas Whittle, but the St. John’s lawyer did inform the court on Tuesday of a potential conflict of interest in the case.
Whittle, 27, of Conception Bay South is charged with four offences related to a snowmobile accident near the Humber Valley Resort in February 2017 that resulted in the death of Justyn Pollard.
Whittle is alleged to having been driving the snowmobile that collided with a taxi. He’s charged with dangerous operation of a motor vehicle causing death, impaired operation of a motor vehicle with over 80 milligrams of alcohol per 100 millilitres of blood causing death, impaired operation by drug of a motor vehicle causing death and impaired operation by alcohol of a motor vehicle causing death.
Neither Breen nor Whittle were present when the matter was called in the provincial court in Corner Brook on Tuesday morning.
Breen appeared by telephone and said she had received a significant amount of electronic disclosure that she was in the process of reviewing.
She also said that it appears another current client of hers provided a statement to police on the Whittle matter and that may put her in a conflict of interest position.
Crown attorney Adam Sparkes said the Crown had no issue with the situation, however, Breen indicated she wanted to speak with the other person, who is a potential witness.
Sparkes said the Crown was prepared to advance the matter and any delays would be considered defence delays in terms of the Jordan decision, which sets guidelines related to the right to an accused to trial in a timely manner.
Breen said the Crown could take that position if they wanted, but she did not agree.
Whittle’s next court appearance has been set for June 12.