Defence lawyer taken off Hernandez case, judge cites conflict of interest

The man charged in a fatal hit and run just before Christmas has lost his lawyer.

Police charged Christian Hernandez, 25, with impaired driving and failure to remain at the scene of an accident in connection with the death of 45-year-old Richard Carmichael. He was struck by a vehicle and killed on the night of Dec. 19, 2010.

Hernandez’s bail hearing has been placed in limbo ever since the assistant Crown attorney David MacKenzie accused Chris Watkins, the lawyer representing Hernanadez, of being in a conflict of interest. Watkins represented Carmichael about 10 years ago.

Hernandez appeared in court Monday to learn whether or not his lawyer would be able to represent him.

Waktins argued that he didn’t remember Carmichael until the Crown brought the matter up and felt it wouldn’t conflict with his representation of Hernandez.

Justice Joyce Pelletier disagreed.

"The lack of recollection of Mr. Watkins" wasn’t a good enough reason for him to remain as Hernandez’s lawyer, she said. Also, despite Carmichael obviously not being able to take the stand at a trial, the information Waktins had while acting as council for him could potentially damage the publics’ perception of justice.

On these grounds, Pelletier removed Watkins as Hernandez’s lawyer.

Toronto-based defence attorney Calvin Barry is now expected to represent Hernandez, with a bail hearing now scheduled for Wednesday in Thunder Bay.