A senior NSW judge has urged authorities to grant legal aid to alleged tax evader Adam Cranston after the self-represented man's months-long trial was delayed days before it was due to begin.
Cranston, who turned 34 this week, is defending charges he conspired with others to defraud the commonwealth through his alleged control of payroll firm Plutus Payroll and handling the proceeds of crime.
His 12-week trial was due to begin in the NSW Supreme Court on Monday, only for parties to agree Cranston was not in an adequate position to conduct his own defence.
Justice Anthony Payne "reluctantly" agreed on Friday to vacate the trial after hearing unanimous expert evidence that the accused would "not be in a position, even with my assistance, properly to conduct a meaningful defence".
In circumstances where there was no suggestion self-representation was a personal choice and where Cranston was not able adequately to defend himself, the judge said proceeding with the trial was "sure to lead to a miscarriage of justice".
A psychiatrist who examined Cranston on the Crown's behalf concluded it would seem reasonable to assume self-representation would be significantly onerous and stressful - and even more so in the context of Cranston's psychiatric status.
His mental issues would likely be accentuated by his difficulties in mounting his own defence, "further impacting on his ability to undertake this process in a circular pattern," the psychiatrist said.
Cranston's trial is now likely to run after those of his co-accused, Lauren Cranston, Dev Menon and Jason Onley. That trial is set to begin later in 2021.
But based on the psychiatric report tendered by the Crown, Justice Payne said he was "far from convinced" a delay would necessarily ensure a fair trial for the 34-year-old.
Justice Payne ordered his reasons be given as soon as practicable to state and federal authorities.
"I urge Legal Aid NSW and the Commonwealth Attorney-General's Department to reconsider their respective decisions to decline to provide Mr Cranston with legal aid to fund representation at the trial," the judge said.
"On the evidence currently before me, the ultimate costs to the community of the refusal to provide legal aid to Mr Cranston are likely to far outweigh the costs of providing legal aid."
Justice Payne acknowledged vacating the trial at such a late stage wasted the resources of the parties involved, but also that of the court.
"Other litigants, whose cases were not set down by reason of this trial being listed for three months have necessarily been affected," he said.
Legal Aid NSW has cited Cranston's income exceeding a certain threshold as their reason for denying him a grant.
Cranston cannot use any of his property to pay legal fees due to a federal law on alleged crime proceeds.
He is also unable to borrow money to pay for legal representation.
The matter will return to court on January 29 for further consideration.
Australian Associated Press
