TODAY IN COURT.......

POLICE who charged a man with the triple murder of Brisbane's Singh children were accused of prolonging the investigation, a court has heard.

Barrister Sam Di Carlo was in the Supreme Court speaking on behalf of Max Sica, who is accused of killing Neelma Singh, 24, her brother Kunal, 18, and sister Sidhi, 12. They were found dead at their parents' Bridgeman Downs home on April 22, 2003.

Mr Di Carlo was appearing pro bono after a dispute with legal Aid in which Mr Sica's lawyers of choice had been refused Legal Aid.

He said there were moves afoot to challenge the Legal Aid decision in a judicial review.

Mr Di Carlo said he could no longer afford to take the case on a pro bono basis.

Justice John Byrne said he had real concerns that Mr Sica would now have to repesent himself at pre-trial applications and in a trial.

He said for instance there was a possibility flagged for a judge only trial and that issue would need to be resolved before the 2012 criminal listing for judges was made, probably in August.

"I am becoming increasingly anxious that Mr Sica may have to represent himself at the pre-trial hearings and the trial, and then ask for more time to prepare.

"Mr Sica needs to realise he has to accept Legal Aid's connditions or he will be representing himself," Justice Byrne said to Mr Sica who was in court.

He noted the date set for an exchange of material for a pre-trial hearing was Friday week, which could be flexible, but in the interests of the public and Mr Sica the pre-trial dates and trial dates were inflexible.

Mr Di Carlo complained that it would not be possible for anyone to be ready if the police kept producing new material in the case and "dropping it" on defence lawyers.

He said police were trying to block issues raised by Mr Sica's lawyers at the committal hearing last year and had spent two weeks in Fiji taking further statements.

Mr Di Carlo said police had even sent a (mobile) phone to the American Secret Service for further examination.

He said the murders were committed in 2003, Mr Sica was arrested 2008 and the investigation seemed to be continuing.

"When is the investigation going to stop? It is impossible for us to prepare a trial plan when we keep having new material given to us," Mr Di Carlo said, explaining the case brief was already filling two rooms.

Mr Di Carlo said the fact Mr Sica was not on bail made it even harder because jail authorities had made near impossible for his lawyers to show him all the material.

Prosecutor Michael Byrne, SC, said his instructions were all but one of the matters Mr Di Carlo was complaining about had been revealed to the defence last year.

But he said he would make every effort to get jail authorities to make the necessary equipment available for Mr Sica to have access to the material against him.

Mr Byrne said the Crown was making every effort to comply with the defence as the trial at this stage could have as many as 800 witnesses.

Justice Byrne adjourned the review without making any further orders.


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So you are accused of a crime, denied bail and put in jail to await justice and then you dont even have the right to your own legal council because legal aid will not fund it.

Mr Sica is an Australian Citizen, he was born in this country. Dr Patel who is not an Australian Citizen had all his living costs paid for while awaiting trial and had his choice of legal representation funded by legal aid.

Like i have already stated in this blog, the crime Mr Sica is accused of is triple murder and has been stated by police to be one of the biggest criminal cases in QLD history.

Mr Sica was given bail relating to the alleged sex offences in November 2008. They obviously did not think he was a threat or a flight risk then even though there was a living child making these accusations. They then decided to charge and arrest him for the Singh murders two months later in December 2008 and continually deny bail.

They are still investigating this case while they have already charged and arrested Mr Sica. They have all the resources they need, financial and physical. They have already spent over 20 million dollars on this case. The sheer volume of material in this case is overwhelming.

Mr Sica has been placed in the position he is in, he did not put himself there. He has been accused of a crime he did not commit and continually professes his innocence. Legal aid should fund his defence of choice for if there was ever a case that would merit it, it would definitely be this one. There would be no way on earth he could defend himself, first of all the material involved is astounding and then he is not a lawyer.

Justice should be the same for all, but from what i have seen and heard, it is not always the case.

If you have not read this blog, please do. At least you will have a more accurate picture based on all facts and factors of this case.