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The unusual move to sanction Leon Nicol stems from his late arrival for two hearings last month on a trial matter – a problem which Justice Patrick Smith regards as disrespectful to all parties in a court proceeding. “Normally, an apology for infrequent and unavoidable lateness by counsel, coupled with an acknowledgment that arriving late for court is improper, would have been acceptable,” Smith wrote in a decision released late Monday. “It is apparent, however, that Mr. Nicol fails to see any fault with his behaviour. He maintains that there was always a valid excuse for his lateness in previous matters and that, if he is to be found at fault for anything, it is for being too accommodating to the courts and/or judges,” Smith continued. “For the record, I do not accept that there is any excuse for habitual lateness.” Smith noted that more than a warning was warranted to get the message across that Nicol must be on time when court is scheduled to start. In the end, Smith opted to impose a $250 fine. When contacted by The Chronicle-Journal on Tuesday, Nicol said he offered an apology to Smith at a special hearing called Aug. 20 to deal with this issue. As for the allegation that he‘s regularly late, Nicol offered an explanation of not being able to arrive on time. In one instance, he had two clients in custody at Ontario Court that he wanted to have released. “I take pride in the fact that my clients come first, and I was doing my best to serve the administration of justice in a holistic way,” Nicol said, explaining the demands on defence counsel when dealing with numerous matters, in different courtrooms and occasionally in different locations. Ontario Court is situated on Arthur Street in the city‘s south side, while the Superior Court is located in the north side on Camelot Street, normally a 15-minute drive from the other end of Thunder Bay. As for Smith‘s decision, Nicol said he was “disappointed” in the outcome, but immediately paid the fine before embarking on vacation. Nicol, 68, was called to the bar in 1971. He spent 25 years with the local Crown Attorney‘s Office. Since his retirement in 1997, he has been in private practice. Top of Page |
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September 2, 2010, 8:22 am |