Woman accused of harassing legal aid lawyer
Donna M. Collins, 60, of Upper Loch Lomond, says she’s having trouble getting additional disclosure, but the Crown says she hadn’t even requested it
A woman from the Saint John area accused of harassing a legal aid lawyer in Fredericton told a court Wednesday she’s having trouble getting counsel and further disclosure from the Crown.
Donna M. Collins, 60, of Route 820 in Upper Loch Lomond, about 12 kilometres northeast of Saint John, appeared in Fredericton provincial court Wednesday, scheduled to elect mode of trial on an indictable count of harassment.
She’s alleged to have harassed Sophie Noel, a family court lawyer with the New Brunswick Legal Aid Services Commission in Fredericton, by repeatedly communicating with her between Jan. 1, 2017, and Sept. 22, 2022, causing the complainant to fear for her safety.
Collins told the court Wednesday she wasn’t prepared to elect mode of trial or enter a plea because she’s still trying to secure defence counsel and is waiting for more information from the Crown prosecutors’ office.
“I have not received full disclosure. I have not received anything since my last appearance,” she said.
Furthermore, Collins said, she feels her efforts to apply for legal aid have been complicated due to a conflict with the commission, given the charge, but she also alleged there’s a conflict in her case with all provincial court judges.
She didn’t elaborate on how that could be, but Judge Lucie Mathurin said if there’s such a conflict, the court can request a judge from another jurisdiction to come in and hear the matter.
The defendant also said she’s contacted several lawyers in the private bar to defend her, but none will take her case.
“Several have refused to take me on due to too much workload,” Collins said.
Mathurin said the case has idled for too long, and it needs to move forward.
“The delays are on you at this point,” she told Collins.
The judge inquired with the Crown about the disclosure issue to which Collins referred, and prosecutor Rebecca Butler said her file indicates her office has received no requests for additional disclosure.
Collins said while she received her initial disclosure package, she wrote a letter asking for a list of additional documents. However, she added she gave that letter to the legal aid office in Saint John and asked them to fax it to the Crown, even though she hasn’t been approved for legal aid or assigned a lawyer.
As such, it doesn’t appear that letter ever made its way to the Crown’s office.
Mathurin said she didn’t know what the additional documents she’s seeking might be, but it could be the Crown doesn’t have them or they could be within the control and possession of some other party.
The judge granted an adjournment to May 10, but warned Collins she will be required to elect mode of trial at that time, whether she has a lawyer or the additional disclosure or not.
You can contact Don MacPherson at ftonindependent@gmail.com.