Monday 11th July 2011 9 Comments
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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.
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