The accused applied under ss. 462.34(4) and 462.341 of the Criminal Code for the release of restrained funds derived from the sale of a matrimonial home in order to pay legal expenses.
The court considered whether the applicant established that he had no other assets or means available to meet reasonable legal expenses and that no other person appeared lawfully entitled to the funds.
The court found the applicant’s financial disclosure incomplete and unreliable, noting unexplained assets and prior access to substantial funds.
Evidence also supported the claim of an alleged fraud victim who appeared to have a lawful entitlement to the restrained property.
The statutory prerequisites for release were therefore not met.
