The applicant, facing serious and complex drug and criminal organization charges, brought a Rowbotham application seeking a stay of proceedings until state-funded counsel was provided.
He had been refused legal aid due to incomplete financial documentation regarding the disposition of several properties.
The court found that the applicant required counsel for a fair trial and that he was indigent, having exhausted his financial resources and being unable to provide further documentation to Legal Aid.
The court granted a conditional stay of proceedings until funding for counsel was provided.
However, the court dismissed the applicant's request to appoint specific counsel at a specific hourly rate, noting that the court lacks jurisdiction to set fees or dictate how Legal Aid retains counsel.
