An N.W.T. man convicted of murder and attempted murder says he was not given proper representation by his lawyer at his trial six years ago.
Kevin Mantla made the argument on Thursday before a special commissioner appointed to review the merits of Mantla’s appeal.
Mantla was sentenced in 2018 to life in prison with no possibility of parole for 20 years for the second-degree murder of Elvis Lafferty and the attempted murder of Mantla’s ex-girlfriend.
Mantla, 44, alleged in court on Thursday that his defence lawyers tricked him into not testifying during the trial.
“They were working behind the scenes with the Crown and victim to set me up,” reads his affidavit submitted to the Court of Appeal.
Mantla also claims he “blacked out” and does not remember parts of what happened on the night that Lafferty was killed, in 2015. Mantla said in court that he has a short-term memory problem and also lost some of the notes he had earlier.
Crown prosecutor Ryan Carrier referred to the affidavits submitted by Mantla’s defence counsel, which mention notes of discussions with Mantla in February 2018.
Defence lawyers, including Charles Davison, advised Mantla at that time about the severe risks of conviction due to the substantial evidence against Mantla.
There was also a written statement, signed by Mantla, confirming his decision not to testify at his trial. Mantla alleges Davison pressured him into this decision.
During cross-examination on Thursday, Carrier asked Mantla how he would have testified if he had had the chance.
“Elvis Lafferty didn’t deserve to die; he was a good man,” Mantla responded.
Mantla was representing himself in court on Thursday, although he received legal counsel help from John Hale, appointed by the Court of Appeal.
The Court of Appeal is scheduled to reconvene on Nov. 26 for the cross-examination of Mantla’s defence counsel.
According to Carrier, the outcome of this hearing will be part of Mantla’s sentencing and conviction appeal, tentatively scheduled for early 2025.
Carrier calls it “a rare instance” where, as part of the appeal process, the defence counsel had to submit affidavits waiving client-confidentiality privileges. They attached excerpts of notes and conversations they had with Mantla.