Lawyer forced to withdraw

The defence has hit a legal speed-bump in the case of a man charged with two counts of second-degree murder.

The lawyer, Pat Fagan, was forced to withdraw from one of his client’s two cases Wednesday in Calgary provincial court.

“Much to my chagrin and amazement, the Crown’s key witness is a former client of mine,” said Fagan, who learned of the conflict late last week.

Legal guidelines dictate a lawyer cannot cross-examine a former client on behalf of a new client.

The accused, 33, is charged with second-degree murder in the death of Bruce Biso, 43, which occurred early Aug. 3 in a southeast Tim Hortons.

He is also charged in the death of Khang Vinh Diep, 23, whose body was discovered in a Cochrane ditch on Aug. 5.

Assistant chief Judge Brian Stevenson granted Fagan’s request to be removed from the case.

City lawyer Joseph Markey said he has agreed to represent the accused in the Biso case.

The accused and Markey will be back in court Nov. 8 to set a date for a preliminary inquiry in the Biso killing.