APPEAL by the accused from the conviction entered by
Donohue J. of the Superior Court of Justice on February 27,
2013, sitting with a jury.
Michael Dineen, Jennifer Micallef and Kristen Allen, for
Roger A. Pinnock, for respondent.
The judgment of the court was delivered by
DOHERTY J.A.: —
 The appellant was charged with the first degree murder of
his wife, Barbara Short (“Mrs. Short”). His first trial ended in
a hung jury. The jury convicted the appellant of first degree
murder at his second trial.
 The appellant raises several grounds of appeal based on
the trial record. He also asks this court to admit “fresh” evidence
in support of the ground of appeal relating to the admissibility of
evidence pointing to Geoff Harper as the potential perpetrator of
 I would allow the appeal. About six weeks before the trial,
defence counsel brought an application to be removed from the
record. As I will explain, the trial judge was obliged in the circumstances to remove trial counsel from the record. Instead, he
required counsel to continue to act for the appellant at the trial.
 The trial judge erred in law in his ruling. His ruling
created the appearance of unfairness regardless of whether it
actually negatively impacted the conduct of the defence. The
error requires that the conviction be quashed and a new trial
 As there must be a new trial, I need not address the other
grounds of appeal in detail. I will, however, briefly refer to some
of the issues raised in the hope that my comments may assist on
 A brief overview of the evidence adduced at trial will suffice
for the purpose of these reasons.