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UPDATE: Judge allows lawyer to withdraw from murder case

David Folker. — Telegram file photo

David Folker. — Telegram file photo

Published on September 27, 2012
The Telegram
Published on September 27, 2012
Topics :
Newfoundland Supreme Court

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.

Comments

  • Username
    CBGirl
    - September 28, 2012 at 07:05:10

    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.

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  • Username
    Whaddaya At ?
    - September 27, 2012 at 21:41:56

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

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  • Username
    David
    - September 27, 2012 at 20:15:33

    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.

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  • Username
    Mike
    - September 27, 2012 at 13:30:40

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

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  • Username
    original townie
    - September 27, 2012 at 12:03:40

    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 :(

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    • Username
      prufock
      - September 27, 2012 at 15:06:49

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

    • Username
      carogers
      - September 27, 2012 at 16:36:44

      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.

  • Username
    Eli
    - September 27, 2012 at 10:40:20

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

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    • Username
      Louis Humphreys
      - September 27, 2012 at 12:10:53

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

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