The applicant sought a conditional stay of assault-related charges until the state funded counsel under the Rowbotham jurisdiction.
The court found that the applicant had exhausted legal aid remedies and, on a balance of probabilities, was financially unable to retain counsel privately, even at legal aid rates.
However, the court held the case was not sufficiently complex and the applicant had not shown that a fair trial was unlikely without counsel, particularly given his demonstrated ability, the trial judge’s obligation to assist a self-represented accused, and the likely appointment of counsel under s. 486.3 for cross-examination of the complainant.
The Rowbotham application was dismissed.
