The applicant, charged with drug-related offences and possession of proceeds of crime, applied under ss. 462.34 and 462.341 of the Criminal Code for the release of $300,000 in seized funds to pay his legal expenses.
The court found that while the applicant had a possessory interest in the funds, he failed to prove he had no other means to pay his legal expenses.
Specifically, he failed to account for remaining bank balances, lines of credit, potential family assistance, and failed to apply for Legal Aid.
The application was dismissed without prejudice.
