I recommend that in your appeal application you raise the third
criteria, extraordinary circumstances and the best interests of justice, as the reason you should be eligible for a Legal Aid Certificate.
Given the unusual and extraordinary circumstances that led to charges being laid against you and the uniqueness of your case it could be argued that it would be in the best interests of justice that you are provided with legal representation.
The protest that led to your summary conviction involved extraordinary circumstances, meriting legal representation, as you claim that the police failed to understand that as a blogger you were not acting as a participant in the demonstration.
Further, blogging is a new phenomenon and the handling of your court case could become a significant part of a larger body of law binding on other citizens and bloggers.
Based on the implication the findings will have on others,
you could argue that it is in the public interest that you receive a
fair hearing, part of which mandates the provision of legal
representation.
I trust the above is satisfactory to aid with your appeal. However,
should you have any questions, please do not hesitate to contact me
personally at this office.
Yours truly,
Bernard Richard
Ombudsman
3 comments:
Mr. Richard should be commended in his explanation as well as his view of your case of unusual circumstances.
He came across with great insight to your situation along with a few very good suggestions of which I too agree you should do a full follow up but with diligence.
Exercise all options available to you and good luck.
I will see you when you arrive in Saint John.
Until then, Your friend Tim.
You are losing out to this foolish pre-approval nonsense. Where you used to get 10 to 50 or more comments, you are getting 0,0, and 0.
The comments are coming in pretty good and you can truly forget the old ways of porting comments. Those days are long gone.
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