Teslin man’s sentencing put off

By AP on May 7, 2008

The sentencing of a 40-year-old Teslin man convicted of extortion and mischief has been delayed due to a breakdown in the relationship between the man and his lawyer, the Yukon Supreme Court heard last Thursday.

Defence counsel Emily Hill said she could “no longer act in good conscience” due to a fundamental breakdown and loss of confidence between her and her client, court heard.

Justice Ron Veale adjourned the case until May 9. At that time, the defendant, Joseph Smarch, is expected to report on his progress in securing another lawyer through legal aid.

“We want to deal with this as quickly as possible for everyone’s benefit,“ said Veale.

Smarch was convicted on March 7 following a day-long trial.

He was remanded into custody following the decision.

Smarch was arrested and charged with extortion and mischief following an incident on Oct. 6, 2006, when Smarch appeared at the front door of a male acquaintance wielding a baseball bat.

Smarch was attempting to get $70 the man owed him for crack cocaine, court heard.

Smarch testified he never threatened the man, and had simply found the bat lying in the grass and picked it up to give to his son.

Veale said in his decision he did not believe Smarch’s testimony due to conflicting evidence from independent witnesses.

Kevin Komosky represented the Crown in the case.