The Manitoba Law Society found misconduct in allegations concerning a prosecutor by defense counsel

Mr. Histed was retained in April 2014 by B.J. who was charged with assault cause bodily harm. The victim of the assault was B.J.’s girlfriend K.F. Tragically, K.F. took her own life in October 2014. Notwithstanding the death of the victim, the Crown proceeded with the prosecution of B.J. He was convicted at trial of assault cause bodily harm. The Court of Appeal upheld the conviction.

Ms. Sheila Seesahai was at all material times in 2014 the Crown attorney having conduct of the B.J. prosecution. In December 2014 and then in various ways and contexts through to the hearing before this panel, Mr. Histed asserted that Ms. Seesahai caused K.F.’s death. In April 2015 and then in various ways and contexts through to the hearing before this panel, Mr. Histed asserted that Ms. Seesahai had committed extortion in the course of her conduct of the matter. In particular, these assertions were the basis of arguments in Queen’s Bench and the Court of Appeal that the charges against B.J. be stayed for crown misconduct. The arguments were unsuccessful.