The applicant sought enhanced state funding for counsel of choice in advance of a new criminal trial after the Court of Appeal set aside his prior conviction due to a miscarriage of justice arising from ineffective assistance of counsel and procedural irregularities.
Legal Aid had refused coverage for the retrial, although the Attorney General conceded that Rowbotham funding was required.
The court considered the exceptional circumstances doctrine articulated in R. v. Peterman, under which enhanced funding for counsel of choice may be ordered where necessary to ensure trial fairness.
Given the applicant’s prior wrongful conviction process, hearing impairment during earlier proceedings, loss of faith in defence counsel, impecuniosity, and the extraordinary procedural history of the case, the court found that a fair trial required representation by the proposed counsel.
The Attorney General was therefore ordered to fund counsel at enhanced rates.
