Another lawyer has quit the David Murray fraud case after the relationship with his client soured.
Murray’s now former lawyer, Sault Ste. Marie’s Anthony Orazietti, filed a motion in court Oct. 27 to have himself removed from the case.
Orazietti told the court at first he believed he had been fired by Murray, and that is why he filed the motion.
Murray, the owner of EcoLife Home Improvements, is facing 35 counts of fraud over $5,000 dating back to May 7, 2016, and running through to March 28, 2019.
The total of the alleged frauds is estimated at $800,000.
In a separate case, Murray pleaded guilty Sept. 15 to one count of driving a vehicle while using a handheld communication device, while several other charges were withdrawn.
Orazetti, who had been Murray’s counsel since 2022, appeared for the counsel motion in Sudbury court Oct. 26 by Zoom, as did Murray.
Murray described a heated phone conversation between him and Orazietti about his defence strategy.
“That's where we had the falling out,” said Murray. “He did propose to me that I should be taking his deal, and if I was trying to object, it seemed like I was offending him.”
Murray said he believed Orazetti was taking umbrage to further debate on the strategy.
“You should take my advice, Mr. Murray, but it's just my opinion,” said Murray, quoting his lawyer, Orazietti.
Murray said he was being extra careful, as the strategy was different from that of his previous attorney, Antoine-Rene Fabris.
In May 2022, Fabris also requested to be removed as counsel for Murray, submitting an application with a note to witnesses in the trial stating there has been a “loss of confidence in Mr. Fabris and that the relationship has broken down.”
In court today, Murray testified he ended the phone call with Orazietti before “saying something I regret.”
Orazietti took it as an end to their attorney-client relationship.
Serré asked Murray if, in light of this misunderstanding, he would feel comfortable with Orazietti continuing in his capacity.
“No, absolutely not,” said Murray. “I don’t think my best interests are a concern of Mr. Orazietti’s.”
After Murray’s description of the fractured relationship between him and Orazietti, Ontario Court Justice Louise Serré questioned why Murray had not removed his lawyer.
“Regardless of your discomfort about this client relationship, you've taken no steps to fire him,” she asked. “You waited until Mr. Orazietti brought this application, now you're saying it’s no longer in your interest that he continue representing you? Is that correct, sir?”
Murray responded: “I don't feel comfortable at all with him. The trust has eroded.”
Serré granted the application to remove counsel, but it was not without a specific note to the oft-delayed trial’s possible extension, now that new counsel was entering the fray.
“If you hired another lawyer, Mr. Murray, he needs to be available for those dates, because this matter is going ahead,” she said.
Murray is scheduled to next appear in court for trial Dec. 12 to 15.
Jenny Lamothe is a reporter with Sudbury.com
