Monday, February 14, 2011

YOUR RIGHTS VS LIKE IT OR LUMP IT

ACCUSED triple murderer Max Sica could be required to represent himself during any future trials after telling a Brisbane court he did "not trust anyone" from Legal Aid to act for him.
Queensland's chief judge Patsy Wolfe this morning told Mr Sica he "would just have to represent himself" if he refused to accept funding and legal representation currently being offered by Legal Aid Queensland.

LAQ's Mark Griggs told the Brisbane District Court funding had been approved, and never previously refused, to Mr Sica,

He said the funding was on condition Mr Sica be represented by its own in-house legal team, understood to include highly-respected criminal lawyer Rob East.

Mr Sica has until today been represented by barrister Sam Di Carlo.

Mr Di Carlo this morning told the court Legal Aid had refused to provide funding to allow him to continue representing Mr Sica.

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"We've been unable to do anything because there is no funding (from LAQ)," Mr Di Carlo said.

"I won't be doing it pro-bono (or free of charge for Mr Sica anymore). I just can't."

Mr Sica then told Judge Wolfe: "I don't trust anyone from Legal Aid. I don't want anything to do with Legal Aid, your honour."

Judge Wolfe replied: "You will just have to represent yourself. You will just be doing it yourself."

Mr Sica was appearing before Judge Wolfe regarding a number of criminal charges scheduled for trial - possibly later this year which are unrelated to his alleged murder of Bridgeman Downs siblings of Neelma Singh, 24, her brother Kunal, 18, and sister Sidhi, 12, almost eight-years ago.

The Singh children were found dead in a spa at their parents' north Brisbane home, on April 22, 2003.

Less than two weeks ago the Brisbane Supreme Court told Mr Sica's murder trial could run for four months and that there was a chance he would seek only a judge to decide the case.

Mr Sica was committed to stand trial for their murders last October and will plead not guilty at trial.

The court was told that at this stage the murder trial would run 15 weeks and include 250 witnesses.

Judge Wolfe today granted Mr Di Carlo leave to withdraw from representing Mr Sica in the non-murder related offences.

However, Mr Di Carlo continues to be the lawyer of record for the murder offences.

It is understood that could be subject to change if funding is not granted allowing Mr Di Carlo to appear for Mr Sica at that trial.

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Legal Aid are only willing to fund this case if you abide by their rules and only use a lawyer of their choice. Is this how it all works? You are charged with a horrible crime you did not commit, a crime that has been said to be the biggest criminal case in QLD history. The state have all the resources, back up house and funding at their disposition. Even if you have a lawyer willing to do the case with legal aid funding, legal aid still refuse to fund it.

This is not a minor petty case. A case of this magnitude and with all its complexities merits a legal representation of ones choice and trust. Unless you are a multi millionaire (because thats how much a case like this will cost you, millions)you are practically at the mercy they chose to give you.

Max Sica has been hounded by police and media for years before he was charged with this crime. His life has been a living hell from the day he discovered the bodies. The law has had years to build a circumstancial case and in the meantime have compiled tons of material regarding this case, the sheer volume of it all is astounding. How with all of this are you suppose to defend yourself when you dont even have the right to your own counsel? Its like you are pushed up against a wall until you are cornered and find no way out. Is this what one truly calls justice?

Wake up people for this will not only apply for Max Sica it will apply for all of us. Where are a persons rights? Just hope and pray that you or someone you know will never find themselves in a similar predicament. It is truly a travesty or justice and a position of power at its worse.

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