Marcus Campbell

The applicant, charged with assault against his former partner, brought a Rowbotham application seeking a conditional stay of proceedings until the state funded his defence.

While the court found that the applicant had exhausted the Legal Aid process and lacked the financial means to retain counsel, it concluded that his right to a fair trial would not be materially compromised if he proceeded self-represented.

The court noted the case was not complex, involved limited disclosure, and the applicant demonstrated the cognitive ability to represent himself with the assistance of the trial judge.

The application was dismissed.

The Attorney General applied for civil forfeiture of $16,020 seized during a police raid of an apartment.

The respondent claimed that $15,000 of the seized funds was a cash loan from her sister to purchase a car, while the remaining $1,020 belonged to the target of the raid.

The court found that the $1,020 was proceeds of unlawful activity and ordered it forfeited.

However, the court accepted the respondent's evidence regarding the $15,000 loan, finding it was not connected to unlawful activity, and ordered those funds returned to her.