Dr Lloyd Cole heads to Appeal court March 4
The Court of Appeal is to hear an application by popular Kingston medical doctor, Dr Lloyd Cole, who is seeking leave to appeal an indecent assault conviction, on March 4.
Dr Cole was convicted in 2012 and was sentenced to 360 hours of community service.
The medical doctor is asking the court to grant him leave to appeal on the grounds that he was given bad advice by two Queen’s Councils which resulted in the abandonment of his appeal.
The appeals court has requested that the prosecution obtain affidavits from the two lawyers before the matter comes up for hearing.
Evidence was given that Dr Cole committed the offense against an 18-year-old woman who had gone to his office for medical treatment on January 31, 2010.
In court documents, Dr Cole said after he was convicted he contacted a senior lawyer to represent him on appeal.
He said the appeal was set for hearing on September 29, 2014.
However, a few days before the appeal hearing, his lawyer and another senior lawyer told him that in their judgment it would be easier to climb Mount Everest than to win the appeal and so he should abandon the process.
Dr Cole said the lawyers requested that he sign two documents and he did so reluctantly.
He said although his new lawyer, Hugh Wildman, spoke to one of the senior lawyers days before his appeal was set for hearing the process was still abandoned.
According to Dr Cole, the senior lawyers told him that if he signed the documents to abandon the appeal, his name would not appear in the sex offender’s registry.
He said he was also told that if he was not successful on appeal, the sentence could be increased.