A judge will decide Monday whether Kurt Churchill can be represented by the same lawyer who defended James Cody — the man Churchill is accused of killing.

Churchill was charged in June with second-degree murder in the shooting death of Cody on Craigmillar Avenue last year.

The minute-by-minute account of the killing was described at today’s hearing but is banned from publication pending a trial.

But Churchill’s desire to be represented by Toronto lawyer Frank Addario has already been spelled out in open court.

As has been the potential conflict of interest that arises, since Addario defended James Cody before the Supreme Court of Canada four years ago.

Why Churchill still wants Addario is not clear, but the Crown opposes that scenario nonetheless, citing public perception of a conflict as well as adherence to the proper administration of justice.

Another Toronto lawyer, James Foy, was in court this morning on behalf of Churchill.

He noted the issue comes down to whether confidential information might be shared, arguing the connection between Churchill, Cody and Addario is not sufficient to declare a conflict.

Justice Kendra Goulding said she will give her decision on Monday, so that the issue is settled before Churchill’s bail hearing on Tuesday.