A Vancouver lawyer twice disbarred from practice may use a gambling addiction defence when he goes on trial for fraud and theft in October.
Steven Neil Mansfield is charged with eight counts of fraud and theft. The charges involve four people and encompass four charges each of fraud over $5,000 and theft over $5,000.
Mansfield has earlier said he would defend himself but former B.C. Supreme Court Justice Peter Leask is listed on court documents as his lawyer.
Leask appeared before Vancouver Provincial Court Judge Donna Senniw July 17 for a pre-trial conference. He told her about the possible defence should the case go to trial.
“At the time of the offences, he was suffering from a gambling addiction,” Leask said. “He stole a lot of money. Most of it has been returned.”
“I’m not sure how relevant that will be at trial,” Senniw said.
“It’s worth a try,” Leask said.
He said there are ongoing resolution discussions with Crown prosecutor Andrew McLean.
“I think it’s highly unlikely it’s going to go to trial,” Leask said.
Senniw said she was pleased to hear resolution discussions were taking place.
“This is crying out for a resolution,” she said of the case, which is listed in court documents as 734 days old.
Twice disbarred
The Law Society of BC has twice disbarred Mansfield, who practiced law in the Lower Mainland for 24 years.
“In the final years of his practice, he misappropriated large sums of trust funds from several clients in order to settle gambling debts,” a May 2019 society disbarment decision said.
The decision said Mansfield could not pay from his personal resources and began withdrawing money from his trust accounts in order to meet the debts arising from his gambling losses.
“Given the severity of the misconduct in this case, the disbarment of the respondent is necessary,” the 2019 decision said. “The respondent has demonstrated an egregious failure to respect his duties and obligations to his clients.”
In that case, funds misappropriated were $310,972.
The prior decision was in July 2018. "[Mansfield] explained that his actions in intentionally misappropriating over $400,000 from two clients resulted from a gambling addiction," that decision said.
