Drug suspect blames guilty pleas on first lawyer
Lawrence O’Neil Bowmaster, 46, of Moncton, has hired new defence counsel in effort to withdraw his guilty pleas to fentanyl and cocaine trafficking offences, among others
A Moncton man who admitted to possessing hard drugs in Fredericton for trafficking purposes is alleging he only pleaded guilty because of ineffective legal counsel.
Lawrence O’Neil Bowmaster, 46, of Mountain Road in Moncton, previously pleaded guilty July 7, 2021, counts of possessing fentanyl, cocaine and hydromorphone, all for the purpose of trafficking; driving while impaired by drugs; possessing less than $5,000 that was the proceeds of crime; and driving while suspended.
He had been scheduled for sentencing early last month, but instead told Fredericton provincial court Judge Cameron Gunn that he wanted to withdraw his guilty pleas.
Gunn - noting Bowmaster would have a tough row to hoe given the defendant had already agreed to the facts of the case - set the case over for a hearing to determine if the pleas could be withdrawn.
Bowmaster was back in court Thursday, represented by new defence counsel - Fredericton lawyer Spencer MacInnis.
“I’ve just been recently retained on this matter,” she told the court Thursday.
MacInnis said she hadn’t had a chance to speak with her client’s previous defence counsel - legal aid staff lawyer Doug Smith - about the circumstances leading up to the guilty pleas.
Gunn also asked if she’d reviewed the transcript of the proceedings during which Bowmaster admitted to the crimes and agreed to the facts of the case, and both MacInnis and prosecutor Darlene Blunston noted they hadn’t done so yet.
The prosecutor said a letter filed by the defence with the court on the issue refers to an expected argument of ineffective counsel, and if that’s something the defence plans to broach at the hearing, Smith will need to be notified of the hearing to provide input.
MacInnis asked for the hearing on the validity of her client’s pleas to be adjourned so she can put “the proper evidentiary record before the court.”
She noted her client has signed an affidavit about the circumstances that she plans to file with the court.
Gunn set the matter over to June 26, but pointed out that anyone filing an affidavit in support of the application would be subject to cross-examination.
Don MacPherson can be contacted at ftonindependent@gmail.com.