At least one lawyer who is watching the controversy gripping the legislature says when it comes to the Plecas report the court of public opinion is not the court of law.

While allegations of outlandish spending outrage the public Acumen Law’s Kyla Lee is cautioning it in no way seals the fate of suspended Clerk Craig James and Sergeant at Arms Gary Lenz.

“No it is not oh my god my clients are screwed. I think this is a gift to the defence. The best thing you can have as a defence lawyer is the star witness in the case against your client giving numerous statements to media and producing reports. Every time you have a prior statement you get the opportunity to identify prior inconsistencies and impugn the reliability of those allegations.”

Lee says defense lawyers could target Darryl Plecas and Alan Mullen for their ad hoc investigation.

“He didn’t contact the Auditor General. He didn’t engage an accounting company to do a forensic audit or anything like that. He followed these people around essentially, made observations, and collected evidence and put himself in the role of an investigator. A defence might argue that raises the appearance of a bias inherent in his observations. That he is not an independent observer of something that happened. He is now somebody that has got his mind turned toward finding the evidence that fits his pre-determined conclusions.”

Lee says the MLAs on Legislative Assembly Management Committee shouldn’t bet the bank on hearing from either Craig James or Gary Lenz by February 1st, the deadline to return a written defence.

“I think you advise them not to give a response or you very carefully prepare a response with a sort of vague denial of the allegations. The last thing you want to do is give a very detailed response to the allegations and show your hand as defence counsel.”

She says on top of weakening any case by the crown the investigation by Plecas and Mullen might also compromise the police probe and its ability to lay some charges.