Alleged murderer Dieter Pfennig changes lawyer, mid-trial, following 11th hour dispute that almost derailed six months of evidence

EXCLUSIVE: Louise Bell’s alleged murderer has changed lawyers, mid-trial, in an 11th-hour deal that averted a mistrial by enlisting another of the state’s top barristers in the decades-old mystery.

Lawyer changed mid-trial in Louise Bell deal

LOUISE Bell’s alleged murderer has changed lawyers, mid-trial, in an 11th-hour deal that averted a mistrial by enlisting another of the state’s top barristers in the decades-old mystery.

The Advertiser can reveal Craig Caldicott has been appointed Dieter Pfennig’s instructing solicitor following issues with the alleged killer’s previous firm, Joseph Ramsay Sanders.

Mr Caldicott now leads a team of luminaries including barristers Grant Algie, QC, and Paul Charman, each of whom is handling a separate aspect of the defence case.

Despite the involvement of three high-powered counsel, the Legal Services Commission — which is funding Pfennig — insists there will be no additional cost to taxpayers.

“We have a written agreement with the barrister and solicitor to ensure costs are contained,” Commission deputy director Karen Lehmann said on Friday.

“These agreements are put in place for all complex criminal trials to ensure budgets are kept in check.”

It is understood a cap has been placed on Mr Caldicott’s involvement, banning him from working on the trial any longer than 10 hours a week.

Louise Bell and Michael Black.

Pfennig, 67, has pleaded not guilty to abducting Louise, 10, from her Hackham West home on January 4, 1983, and murdering her at some time before March 1 that year.

He is currently serving a life sentence for the 1989 murder of Michael Black, 10.

Neither child’s body has ever been recovered, and witnesses claim Pfennig has said they are buried together.

Pfennig’s trial, in the absence of a jury, started on September 20 last year and has run for 40 days over the past six months.

He has challenged DNA evidence that, prosecutors claim, provides a one-in-one-billion link between him and Louise’s discarded pyjama top.

Grant Algie, QC, is handling one aspect of Pfennig’s defence case.

If successful, Pfennig could set a legal precedent affecting the use of forensic DNA analysis around the world.

At one stage, Pfennig’s counsel wanted a six-month adjournment and an additional $250,000 funding to dispute that match.

The denial of those requests led to the first change in staffing, with Mr Algie restricting himself to non-DNA allegations and Mr Charman running the forensic challenge.

The Advertiser understands that, late on Wednesday, issues between counsel involved in the case led to Joseph Ramsay Sanders being removed from Pfennig’s case.

It is further understood the Legal Services Commission approached Mr Caldicott and his firm to take the reins, allowing both the trial and the DNA challenge to continue.

Craig Caldicott has taken over as Pfennig’s instructing solicitor.

Mr Algie and Mr Charman will now be instructed by Mr Caldicott, his son James and his fellow counsel Jason Evitts.

Acting Justice Michael David, who came out of retirement to hear the case, was informed of the situation in court by Mr Charman.

“There has been an issue in relation to the instructing solicitors ... arrangements have been made and approved by the Commission,” he said.

“Mr Caldicott has been instructed to act by Mr Pfennig, and he in turn has instructed us as counsel so there’s no reason we can’t continue the trial.”

Justice David thanked counsel for their prompt action.

“I can say, and I don’t think I’ve got it wrong in saying, that Pfennig will be well served.”

Ms Lehmann said Pfennig’s initial solicitor “was unable to continue in this matter”.

“By this stage of a criminal trial of this type, the solicitor’s role is one of providing support to the barrister as required,” she said.

“As such, we do not expect to see any change in the cost of the defence, including the cost of the DNA aspects of the case.”

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