The applicant brought a Rowbotham application seeking a conditional stay of proceedings pending the provision of state-funded counsel.
The applicant was charged with seven counts of fraud, six counts of possession of property obtained by crime, four counts each of forgery, personation with intent, drawing documents without authority, uttering documents without authority, and theft, and two counts of obtaining credit by fraud.
The court addressed three issues: the applicable standard of proof, whether the applicant established indigency, and whether counsel was essential for a fair trial.
The court held that the standard of proof is a balance of probabilities, not a high degree of probability, and found that the applicant established indigency.
However, the court found that the applicant failed to establish that counsel was essential to ensure a fair trial, given her educational background, business expertise, and the trial judge's ability to provide assistance.
The application was dismissed.