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Guilty plea comes off table as surprise move made for trial in Steven Miller slaying

Defence lawyer Bob Buckingham dropped a bombshell in court on Friday morning — Chesley Lucas wants to go to trial.

Judge can strike down application, uphold guilty plea

Bob Buckingham speaks with his client, Chesley (C.J.) Lucas before court on Friday. (Eddy Kennedy/CBC)

Despite pleading guilty to manslaughter six months ago in the killing of Steven Miller, Chesley Lucas now wants to go to trial.

Bob Buckingham, the defence lawyer for Lucas, told a St. John's courtroom on Friday his client wishes to withdraw his guilty plea.

The announcement was met with confusion and excitement in the courtroom.

Calvin Kenny, a co-accused who also pleaded guilty to manslaughter, leaned forward to his lawyer and said, "Can we do that, too?"

Judge Colin Flynn then advised Kenny to take a few weeks to think about changing his course of action.

Lucas and Kenny were among four men arrested and charged with murder after Miller's body was found at the end of a driveway in Conception Bay South in July 2016.

Police said Miller, 25, was killed after being abducted from his home. His body had stab wounds.

Lucas was picked up by police in Halifax after fleeing Newfoundland and Labrador on a Marine Atlantic ferry.

Move comes after judge shut down sentencing deal

There's no guarantee Lucas will be allowed to change his plea. He will file an application to the court within a few weeks, and Flynn will make a ruling.

The turn of events comes after Flynn rejected a joint submission for sentencing, which would have seen Lucas and Kenny each serve 7.5 years for manslaughter.

Calvin Kenny was in court alongside Chesley Lucas on Friday. When it was announced Lucas would file to overturn his guilty plea, Kenny asked his lawyer if he could do it, too. (Eddy Kennedy/CBC)

The facts in the joint submission are covered by a publication ban as a third man, Paul Connolly, awaits trial for murder in the same killing.

A fourth person charged, Kyle Morgan, was sentenced to one year in prison on a charge of being an accessory after the fact to manslaughter.

Not showing his hand

Buckingham said his client's guilty plea was predicated on being given a 7.5-year sentence. With that out the window, they would like to try the case in court.

"Mr. Lucas made a decision to give up a lot of his rights to challenge certain things," he said of the guilty plea. "If we're given permission to withdraw, those issues will be forcefully argued."

What exactly the issues are, Buckingham would not reveal.

Bob Buckingham says he isn't worried about his client getting a fair trial after already pleading guilty to manslaughter in the killing of Steven Miller. (Eddy Kennedy/CBC)

When asked if he was worried his client would get a fair trial after already pleading guilty, Buckingham said no.

"Don't forget — the guilty plea was based on the basis of a joint submission and an agreed statement of facts.

"Those may not necessarily be the facts that come out at trial ... Some of the things that may have been agreed to may not come out at trial for various legal reasons."

The case will be back in provincial court for a status hearing on Jan. 22.