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.