Brian Earl Johnston drops his legal team ahead of expected Kelly Wilkinson rape trial
A southeast Queensland man charged with raping his estranged wife, who has since died, four times on the Gold Coast has dropped his legal team and wants his case transferred to Brisbane, a court has heard.
A southeast Queensland man charged with raping his then-partner, who has since died, four times on the Gold Coast has dropped his lawyers and wants his case transferred to Brisbane, a court has heard.
New Beith man Brian Earl Johnston, 39, appeared in Southport District Court via audiovisual link from custody on November 26 for a mention of his four charges of rape.
The Crown alleges he raped his estranged wife Kelly Wilkinson four times between February 10–13, 2021.
Mr Johnston, who presented to the court with a fully shaved head and gaunt figure, is yet to formally enter pleas but is contesting the matter.
The mention, before Judge Deborah Holliday KC, was for the purpose of defence lawyer Belinda Robinson and defence counsel Tony Kimmins to formally withdraw from the case.
Mr Johnston told the court he had “relieved” the pair of their duties a month-and-a-half ago.
“They’re not representing me anymore,” he said.
He alleged Ms Robinson was “not following any of my instructions,” such as his request to have his expected trial moved to Brisbane, which the court heard would be opposed by the Crown if such an application was made.
Mr Johnston further claimed in court he had filed a complaint with the Legal Services Commission over Ms Robinson’s handling of his matter, and said he was seeking reimbursement for his fees paid so far, although the Crown and Judge Holliday both expressed the view that such an order was beyond the power of the commissioner.
The defendant told the court he intended on instructing Jones + Associates partner Samantha Farr, but was between a “rock and a hard place” because he was currently ineligible for Legal Aid Queensland funding due to his previous engagement with Ms Robinson, who he funded privately.
Both Judge Holliday and the Crown expressed concern the latest development would cause unacceptable delays to the case, with Judge Holliday telling the court the “Crown wants to progress the matter,” and urging the defendant to formulate a plan B in case he doesn’t receive his fees back.
Separately to the update on Mr Johnston’s legal representation, the court heard a different judge, Judge Katerina Prskalo KC, had ruled a statement made by Ms Wilkinson regarding the alleged rapes, made prior to her death on April 20, 2021, was admissible under the state Evidence Act 1977, despite the inability of Ms Wilkinson to be cross-examined on her claims.
Mr Kimmins told the court his former client had expressed a desire to apply for a judge-alone trial, although such an application was yet to be made.
Mr Johnston’s charges were set down for another mention on January 22, at which point the Crown may request a trial listing date in a bid to give the defendant a concrete date to “work towards”.
In a statement provided to this masthead, Ms Robinson, Mr Johnston’s former solicitor, denied the defendant’s claims and declined to comment further.
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Originally published as Brian Earl Johnston drops his legal team ahead of expected Kelly Wilkinson rape trial
