Petricevic tries to stop court action

NZPA

Monday 11th July 2011 9 Comments

Failed finance company boss Rod Petricevic has applied for a permanent stay of criminal proceedings against him, arguing he cannot receive a fair trial because he can't afford a lawyer.

Petricevic has previously had an application for legal aid rejected by the Legal Services Agency (LSA) on the grounds that he can use money in a family trust to fund his defence.

However his lawyer, Charles Cato, today applied for the stay of proceedings, arguing that Peticevic could not afford adequate legal representation and therefore could not get a fair trial, BusinessDay.co.nz reported.

Cato said he, himself, did not have the resources to continue working the case.

Petricevic is a trustee of his family trust but says his wife and children are beneficiaries, not him. He is bankrupt and claims to have no personal assets or income.

Petricevic has been fighting Serious Fraud Office (SFO) charges following the failure of finance company Bridgecorp, which collapsed in 2008.

LSA lawyer Graham Taylor told a court this year the agency had every right to examine the assets of the trust and of the accused's wife.

"The Act says the partner's resources are the resources of the applicant, so long as they are living together," Taylor said.

Petricevic faces three charges laid by the SFO, which were expected to go to trial at Auckland District Court next year.

He also faces charges laid by the Securities Commission, for which a trial is set down in the High Court at Auckland for August.

Securities Commission charges were being defended through funds from other sources.

Comments from our readers

On 11 July 2011 at 3:36 pm Eric Carryer said:

Stop playing games with this lawyer and Petricevic. seize his family trust if he cannot pay lock him up .If need be lock his lawyer up as well .This guy owes honest hard working NZers millions Take it off him

On 11 July 2011 at 7:40 pm colin angus said:

Is It True that this Petricevic guy can become a company director again within 3 years from now.

On 11 July 2011 at 10:28 pm Steve Gardner said:

Unbelievable!! If this rodent gets off because of this, it will confirm the total lack of real justice in New Zealand.

On 12 July 2011 at 8:30 am Tony Rondel said:

This fellow was cunning enough to make a fortune out of us mugs and is cunning enough to try a swindle the justice system as well. I hope at least this time the system is not scammed.

On 12 July 2011 at 9:24 am DR said:

Should comes as no surprise, given this guy made sure Bridgecorp investors paid his own personal income tax bill.

On 12 July 2011 at 10:57 am Tom said:

If a lawyer's position is that the lack of legal aid will mean his client cannot get a fair trial, perhaps the lawyer would undertake to defend his client for free. Surely someone concerned with fairness would not let his own fees get in the way

On 13 July 2011 at 2:01 am Nigel Fluit said:

Absolutely agree with the previous comment isn't it called Pro Bono work?

On 14 July 2011 at 5:47 pm Fred Webster said:

He claims he is bankrupt, I assume the assets in the "Trust" are`nt part of the rip off from Bridgecorp investors

On 15 July 2011 at 4:36 pm D king said:

Were did the mony in the trust come from?His partners old family money or from his Directors fees and expences?