"Dust-up" in the courtroom?

Good Day Readers:

Came upon an interesting article posted by The Public Eye on Truth To Power (www.accesstoinfo.blogspot.com; vicpopuli1@gmail.com) so did a little research to find out more about "TK" and what had lead to the disciplinary action by The Law Society of Upper Canada. Here's what we found. Vancouver based Gibbons Fowler Nathanson operates the Canadian Criminal Law Blog which posted the following:

Prize Fight Lawyering

We've been following a wild story out of Ontario, about a lawyer and Crown witness almost coming to blows in the courtroom. Kirk Makin first reported the case in the December 16, 2006 Globe & Mail. Two accused were being tried in Newmarket on a charge of attempted murder. The alleged victim was ex-biker Todd Kealy. Kealy testified as a Crown witness and claimed that shots had been fired at his car after an altercation in a bar. Defence counsel Reid Rusonik was cross-examining Kealy for one of the accused. The cross-examination was heated. After Kealy responded to a question by making what could be interpreted as a threat to Rusonik, Rusonik challenged Kealy to fight him outside the courtroom. Things degenerated further from there, including this stellar retort by Rusonik in response Kealy's admonition to "use your head:" "any time you fuckhead, any time you little shit". The matter was adjourned so that everyone could cool down. Rusonik apologized upon the court reconvening, but Kealy had disappeared. The case was adjourned for a few more days, at which point Rusonik again apologized. The case was then adjourned until January 4, at which point the fate of the trial would be considered.

Today the Globe and Mail gave us an update.

From Kirk Makin's latest report, it emerges that on January 4 the parties agreed to continue with the trial. Another counsel would deal with the continued cross-examination of Kealy, during which time Rusonik would leave the courtroom, but Mr. Rusonik would otherwise continue as counsel on the case. The Court also ordered Mr. Rusonik to have no contact with Kealy outside the courtroom.

This compromise, obviously made to salvage the trial, fell apart when it was discovered that Rusonik had approached Kealy outside of the courtroom. Interestingly, this contact occurred shortly after Kealy refused to identify the person who fired a shot at him on the grounds that he didn't want to become a "rat."

Rusonik ended up in the witness box to explain his actions, and told the court that he had approached Kealy as a "human exchange" due to a concern that Kealy was about to exact revenge against Rusonik and his family. Rusonik testified that someone had recently damaged his car and that he had been involved in some "incidents on the raodway" that caused him concern.

The trial has again been adjourned, this time in order to decide whether there should be a mistrial. We'll weigh in with some comments after the judge makes her decision.

Sincerely,

Clare L. Pieuk
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06 November 2009
Ontario Lawyer Reid Rusonik REID DAVID RUSONIK

From: City of Toronto, Ontario
To be heard: November 25, 2009
LSUC Counsel: Janice Duggan
Lawyer’s Counsel: not represented

Particulars of alleged professional misconduct from the Notice of Application dated April 14, 2009:

1. On or about December 13, 2006, you failed to act with courtesy and respect toward the Court when you failed to comply with requests by the trial judge that:

a) you discontinue challenging TK, a witness whom you were cross-examining, to a physical confrontation; and

b) you discontinue using discourteous language toward TK,

contrary to Rule 4.01(1) of the Rules of Professional Conduct; and

2. On or about December 13, 2006, you failed to act with courtesy and civility when you:

a) challenged TK, a witness whom you were cross-examining, to a physical confrontation; and

b) used discourteous and uncivil language toward TK,

contrary to Rule 4.01(6) of the Rules of Professional Conduct.