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Lawyer removed from assault case

Terrence McEachern
Northern News Services
Published Friday, January 21, 2011

SOMBA K'E/YELLOWKNIFE - The trial of Roland Oonak Hiesinger came to a grinding halt after defence lawyer Tracy Bock revealed to the court Jan. 13 that he would no longer be representing his client.

"Essentially, your honour, he fired me," Bock informed Judge Christine Gagnon in territorial court.

Heisinger, 28, is charged with two counts of assault for an alleged incident at the Gold Range bar on Aug. 16, 2009. He pleaded not guilty to the charges Nov. 3, 2009, and his trial began May 20, 2010.

Bock said the termination came at the end of a heated argument between the two men in Bock's office the previous evening. Heisinger, however, disputed this and said he didn't fire Bock, only that after disagreeing how the trial should be conducted, he became upset and "grabbed (his) stuff and walked out."

Hiesinger then began arguing with Gagnon, telling the judge he filed a complaint against her conduct in the trial and the conduct of Crown prosecutor Janice Walsh to the attorney general of the NWT.

Hiesinger continued to speak, at times raising his voice in a forceful tone. Eventually, Gagnon interrupted Hiesinger, raising her voice as well and warned him he was being "rude" and "disrespectful" and "close to being put in the detention box."

Gagnon adjourned the matter for nearly a half-hour to give the two men a chance to try to work things out. When they returned, Bock told the court he was in an unusual position, and then requested to be removed from the case because, in his opinion, Hiesinger questioned his decision-making and his conduct, and has no trust in his judgment as a lawyer.

Bock concluded it wouldn't be "in the interest of justice" if he continued to represent Hiesinger given the breakdown in trust between the two men.

Walsh said she supported Bock's application on the grounds that the relationship between the two men appeared "untenable."

Gagnon agreed and removed Bock from the case.

Hiesinger is now representing himself, and indicated he's planning to take the witness stand in his defence to tell "(his) side of the story."

He did agree to allow Gagnon to appoint a "friend of the court," an active lawyer to advise him for the remainder of his trial. Gagnon adjourned the matter to Jan. 25, when she is expected to make the appointment.

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