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Nova Scotia lawyers to prosecute Brandon Phillips

Lawyers from the Nova Scotia Public Prosecution Service have been asked to handle the Brandon Phillips murder trial, in order to avoid a potential conflict of interest.

'Unfair to our client,' says defence lawyer Jeff Brace

Prosecutors from Nova Scotia will handle the Brandon Phillips's first-degree murder trial. (CBC)

Lawyers fromNova Scotiahave been asked to handle the Brandon Phillips murder trial, to avoid what the justice department in Newfoundland and Labradorcalls a potential conflict of interest.

Phillips, 27,is charged with first degree murder after the shooting death of LarryWellman,63,during an attempted armed robbery at the Captain's Quarters Hotel in St. John's on Oct.3.

"We're not prepared to comment on what the potential conflict might be at this time," theDirector of Public Prosecutions for Newfoundland and Labrador, DonovanMolloy, told CBC News.

"Because that would involve commenting on the substance of a matter that is still before the court."

Donovan Molloy, the Director of Public Prosecutions for Newfoundland and Labrador, says it's common to ask for outside lawyers to avoid a potential conflict of interest. (CBC)

Molloy said it's all about maintaining public confidence in the justice system.

"If there's a potentialconfict, we always consider whether or not it is advisable to bring in an outside prosecution service, whether that might be hiring private counsel as was done with regards to a case that's still ongoing, the [Philip]Pynnprosecutions."

Molloy said it works both ways. He said lawyers from his provincerecently helped prosecute a murder case in Nova Scotia.

Defence lawyer Jeff Brace says bringing in outside lawyers will delay an already complicated case. (CBC)

Brandon Phillips' defence lawyer said, however, that bringing in outside lawyers will "further complicate an already problematic situation."

Jeff Brace said problems getting information from the Crown and police has delayed Phillips' bail hearing.

Phillipsis being held in custody at Her Majesty's Penitentiary andwill be back in court Oct. 23. Brace said the Nova Scotia lawyers will be appearing on the phone.

"They tell us they will be working on releasing information. It really is truly unfair to our client." he said.

Besides first degree murder, Phillipsis also charged with armed robbery, committing an offence while disguised, assault with a weapon and carrying a firearm without a licence.

The court has ordered that he not have any contact with long list of people, including his mother, Deborah Phillipsand his girlfriend, Jade Ball.

Jade Ball is the daughter of Dwight Ball, leader of the Liberal Party of Newfoundland and Labrador.