Appeal Court says lawyer's performance wasn't 'brilliant,' but was good enough

The Nova Scotia Court of Appeal says that while the defence for a man found guilty of arson and perjury wasn't great, it was decent enough not to warrant a new trial.

Roderick Joseph Domoslai alleged poor job by defence resulted in miscarriage of justice

CBC News ·
Roderick Joseph Domoslai is seen here in 2016 leaving a Nova Scotia Supreme Court courtroom in Sydney. (CBC)

The Nova Scotia Court of Appeal says that while the defence for a man found guilty of arson and perjury in 2016 wasn't great, it was decent enough not to warrant a new trial.

Roderick Joseph Domoslai appealed his convictions related to the burning of his ex-wife's SUV in 2008 and to pressuring a witness to provide him a false alibi.

His trial in Nova Scotia Supreme Court also involved accusations he'd tried to hire a hitman to kill his ex-wife, but he was ultimately acquitted on two charges of counselling to commit murder.

In his appeal, the Sydney, N.S., man argued he received poor legal representation from his lawyer at trial, Raymond Kuszelewski.

He argued the "lack of preparation, poor cross-examination of witnesses, and low overall competence and professionalism caused a miscarriage of justice," according to a decision released Thursday from judges Linda Oland, Duncan Beveridge and Peter Bryson.

But the Appeal Court panel disagreed that the performance of Domoslai's lawyer resulted in a miscarriage of justice.

Lawyer Ray Kuszelewski was one of six lawyers who worked on Domoslai's case, which stemmed from charges laid in 2013.

"It may not have been brilliant, but it was workmanlike and steady enough," the judges wrote.

"It is clear that he knew the case to be met, and he asked questions in an orderly manner to elicit the information he wanted."

Domoslai had six lawyers work on his case at various stages, with the final one being Kuszelewski.

The charges were laid in 2013, but the case didn't go to trial until 2016. The trial was delayed on at least two occasions because of health issues Kuszelewski was experiencing.

Domoslai was subsequently sentenced to two years in prison.