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Defence lawyer withdraws from Peter Nygard case ahead of sentencing

rmtsa by rmtsa
January 18, 2024
in DramaAlert
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Defence lawyer withdraws from Peter Nygard case ahead of sentencing
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This is a corrected story. An earlier version mistakenly said the Crown would seek to set a date even if Nygard did not have a new lawyer by Jan. 30.

Peter Nygard and his high-profile defence lawyer parted ways Wednesday as the former Canadian fashion mogul awaits sentencing on four counts of sexual assault in Toronto and prepares for criminal trials in two other provinces.

Defence lawyer Brian Greenspan requested to withdraw from the Toronto case in a hearing Wednesday, saying he could no longer ethically and professionally fulfil his obligations to his client.

“It is now what I would characterize as an adversarial relationship, not simply a breakdown in the solicitor-client relationship,” he told the court.

The lawyer told the court he had made a similar application last week in a court in Winnipeg, where Nygard also faces sexual assault-related charges, which he said was the first time in his 50-year career that he had formally filed such a request.

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Greenspan did not give details on the nature of the conflict, but noted “it has nothing to do with fees.”

Nygard objected to the timing of the request, saying he was still in the process of finding new counsel and suggesting Greenspan was “jumping the gun.”

“Mr. Greenspan has needlessly made this into an adversary kind of arrangement, and it doesn’t need to be that — we want to have it done in an amicable manner, and in an orderly, professional manner,” he said.

Ontario Superior Court Justice Robert Goldstein granted Greenspan’s application to be removed from the record immediately, rather than at a later date, suggesting it would give Nygard “incentive to engage with his other lawyers so they can assist him in finding new criminal counsel.”

“I would urge him to do that as quickly as possible,” the judge said.

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“The jury came back with its verdict (in) November, and it’s now the middle of January. I think that it’s in everyone’s best interest to move the sentencing along and have it occur as quickly as possible.”

Until then, Nygard will be representing himself.

#NEW Convicted sex offender Peter Nygard is now appearing by phone from jail. Today was to set date for sentencing

Nygard’s lawyer Brian Greenspan asks to be removed from the record saying “I can no longer act in a professional capacity in relation to Mr Nygard” @globalnewsto

— Catherine McDonald (@cmcdonaldglobal) January 17, 2024

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Crown prosecutors indicated that if Nygard does not have “a substantive update” in his search for a new lawyer by his next appearance on Jan. 30, they would nonetheless seek to set a date for his sentencing.

Nygard, who is in his early 80s, was found guilty on four counts of sexual assault on Nov. 12, but was acquitted of a fifth count, as well as a charge of forcible confinement.

The charges stemmed from allegations dating back from the 1980s until the mid-2000s.

He has faced ongoing health challenges during the court process, and his condition was expected to be raised at sentencing.

Aside from the case in Manitoba, Nygard also faces one count of sexual assault and one count of forcible confinement in Quebec. He is scheduled to stand trial in Quebec on those charges in June. He is also facing charges in the U.S.

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Nygard was first arrested in Winnipeg in 2020 under the Extradition Act after he was charged with nine counts in New York, including sex trafficking and racketeering charges.

The federal justice minister at the time previously said Nygard would be extradited to the U.S. after the cases against him in Canada are resolved.

None of the charges against Nygard in those other jurisdictions have been tested in court. He has consistently denied all allegations against him.

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Greenspan also told the court he asked to have his name withdrawn as counsel for Mr Nygard last week in Winnipeg where Nygard is also before the courts.

— Catherine McDonald (@cmcdonaldglobal) January 17, 2024

Goldstein removes Greenspan from the record. Tells Nygard he’s now representing himself.

Greenspan says he’ll cooperate with new counsel.

Goldstein tells Nygard he wants to move along with a sentencing hearing quickly given it’s a very serious matter, needs new counsel asap

— Catherine McDonald (@cmcdonaldglobal) January 17, 2024

&copy 2024 The Canadian Press



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