Lawyer defends trial tactics
A high-profile criminal lawyer was called to the witness stand before three senior WA appeal judges yesterday to defend allegations he ignored instructions in favour of a more "winnable" strategy before a jury convicted his client over a one-punch death.
Terry Dobson was accused by fellow Perth lawyer Tom Percy in the Court of Appeal of fighting an unlawful assault causing death charge on the ground of self-defence, despite Sylvester Colley's instructions that he did not hit David Adams before he fell and died in Newman in 2012.
But the three judges raised concerns about the appeal, which Justice Carmel McLure said involved a serious allegation of professional misconduct.
Chief Justice Wayne Martin said even if evidence Colley gave yesterday was taken at its highest, he had acquiesced to the self-defence strategy through a pre-recording of evidence and trial.
Justice Martin said that after the strategy failed, Colley, who had not objected during the hearings, went to court wanting another defence.
Colley was convicted of the homicide charge after a jury trial in November 2013 and in January last year was sentenced to a 4½-year jail term.
Three girls gave eye-witness evidence that Colley hit Mr Adams, but there was no forensic evidence.
Mr Percy submitted yesterday that Mr Dobson made a "unilateral decision" to run a case of self- defence and abandon Colley's position that he never hit Mr Adams. He also submitted that Colley had not elected not to give evidence in his defence.
Mr Dobson conceded he did not take written, signed instructions from Colley and had not taken notes when his client changed his account of the incident. He said it had been a gross error of judgment but he had trusted his client and had since tightened his administrative practices.
Mr Dobson said Colley had given an express instruction during their third meeting that he had hit Mr Adams.
The court reserved its decision.
