The accused, facing charges of assault and sexual assault, brought a motion for a Rowbotham order, seeking state-funded counsel.
The court found that Legal Aid had refused his application and that he lacked the financial means to retain counsel, despite earning too much to qualify for Legal Aid.
Crucially, the court determined that representation by counsel was essential for the accused to receive a fair trial, given his limited education, lack of litigation experience, and poor oral communication skills, which would hinder his ability to make full answer and defence in an eight-day jury trial.
The court ordered a stay of proceedings unless the Ministry of the Attorney General arranged for counsel.
