Prosecutor asks to have law firm removed from double-murder case

A New Brunswick Crown prosecutor has asked that a criminal defence firm be recused from representing a man co-accused of murdering two people whose bodies were found in Chipman, N.B., last fall.

Crown prosecutor Robert Johnston told a judge Monday that Nathan Gorham and others in his firm are in a conflict of interest in representing Corey Agnew, who was charged in January with two counts of first-degree murder.

Johnston did not say what the exact source of the alleged conflict is when addressing provincial court Judge Natalie LeBlanc, but added that the recusal order should also apply to all other lawyers working for Gorham Vandebeek LLP.

"[In] my discussions with Mr. Gorham on Friday ... he was in complete agreement that he is in a conflict of interest, that he will not be continuing," said Johnston.

"But the focus of your decisions should be on whether or not other members of his firm may continue."

The bodies of Robert Waugh, 47, and Victoria King, 23, were found on Nov. 25 inside a burning vehicle in Chipman, about 60 kilometres northeast of Fredericton.

On Jan. 20, RCMP announced Mark Elley had been charged with first-degree murder, and two days later, Agnew was charged.

Law firm should be allowed to stay on, says lawyer

Lawyers for both sides were supposed to make arguments on the issue Monday, but the matter was adjourned because of Gorham's inability to attend the proceeding.

In his place, Alexandra Youssef, an associate at his firm, appeared in court and said issues being dealt with in other cases prevented her firm from adequately preparing for Monday's appearance.

However, she offered a brief summary of her argument that the firm should be allowed to continue representing Agnew.

"Our position is that if Mr. Waugh's character was required to be impugned in any way, then our office would step off the file," Youssef said.

"But if this is a defence, if this is a case where the defence does not require any impugning of Mr. Waugh's character then our position is that it is appropriate for our firm to represent Mr. Agnew."

LeBlanc tasked Youssef with having her firm submit written arguments by June 13, giving the Crown a chance to reply in writing by June 16.

LeBlanc said that would give her time to consider both parties' arguments before issuing a decision on June 27.