The ACT Legal Aid Office said yesterday that it would not have granted lawyer-of-choice legal aid to people charged with offences at the Iranian Embassy earlier this year without Commonwealth backing.
The grant of aid to eight of the 13 accused has come under attack by the Opposition and Sydney radio announced John Laws, among others.
It has led to a difference of opinion between the office and the Minister for Justice, Michael Tate, over the role of the Commonwealth in granting the aid.
The office said yesterday that if had resolved last month that unless it could come to a financial arrangement with the Commonwealth, it “”would refuse the applications on the basis of insufficient funds.”
After discussion with the Federal Office of Legal Aid and Family Services a funding guarantee was received.
“”With the guarantee there was an indication that the Commonwealth supported in the “special circumstances of this case’, representation of choice for the defendants,”” the office said.
Under normal guidelines that would not have been an option. They would have been represented by the public defender and a solicitory from the office.
Senator Tate said yesterday, “”I am adamant that no direction came from me or my office that legal aid should be given to any accused. Normal rules as to eligibility should be applied by the ACT Legal Aid Office and that was properly their role.
“”I was aware that the accused wanted lawyers of their own choice if they were otherwise eligible for legal aid. Given the bonds of trust between the accused and their lawyers in the successful bail application weight should be attached to this request.
“”Insofar as this would impose greater costs on the ACT commission, I arranged that the Commonwealth would give assistance to the Commission so it was not left in financial distress or unable to meet the costs from its own coffers.”
A committal hearing in the ACT Magistrates Court has been adjourned until September.