By Joel Wittnebel/The Oshawa Express
Once again, Robert Lutczyk’s trial on kidnapping and weapons charges has been pushed back.
Lutczyk, a former Oshawa city councillor, was back in court on Oct. 1 for a bail review prior to his originally scheduled trial date Oct. 13. However, due to scheduling issues, that date has been moved tentatively to Nov. 2.
After discussion with his newly appointed lawyer, Chris Murphy, Lutczyk withdrew his application for bail along with a trio of mandamus applications. These applications are used to request administrative actions if the applicant feels there has been a defect in the justice system.
Murphy, a Toronto-based lawyer, has been acting as amicus curae (friend of the court) for Lutczyk throughout the pretrial process before being officially appointing as his council by Superior Court Justice Hugh O’Connell.
The administrative action taken prior to Murphy’s appointment remains unclear.
Following his arrest in 2012, Lutczyk made several attemtpts to have a state-funded lawyer appointed for him, but was informed by Legal Aid that he did not qualify. Lutczyk went as far as filing a Rowbotham application, used to request Legal Aid for those facing numerous or serious charges.
When contacted by The Express, the Ministry of the Attorney General (MAG) would not comment on the process behind Murphy’s appointment.
“The decision to appoint state-funded counsel was made by the judge presiding over the matter, and a publication ban was ordered,” said Heather Visser, a spokesperson with the MAG in an emailed statement.
Lutczyk faces several charges stemming from an incident in October 2012 when he allegedly kidnapped Oshawa city solicitor David Potts at gunpoint.
The event culminated in a 27-hour standoff at an industrial site in Whitby. Potts escaped the incident unharmed.
Lutczyk has been in custody since the time of his arrest.
All charges against him have yet to be proved in court.