Ok , question to all the lawyers on here .Here is the scenario ,A person has been sentenced to 10 years on an attempted murder charge . In his original trial the defendant requested a judge alone trial ( dumb considering the only witness's / accusers were off their head junkies , but was advised by other dumb convicts to do it this way ) ,There are 3 witness'sAn ex wifeThe ex wife's new boyfriendA derro who is also now in jail on robbery chargesAll 3 are Ice headsThe defendant asked his solicitor to request the 3 be drug tested , he also asked for other pretty damning evidence to be presented showing that all 3 had a conflict of interest in having him behind bars therfore may not be creditable .The defendants legal aid did none of the above along with leaving some other evidence out . The defendant believes his legal aid threw him under a bus .Fast forward 12 months and the defendant has an appeal coming up and legal aid has supplied him the same solicitor for his appeal . The defendant applied for a different solicitior and has been told it's been denied .Now , the question - is the defendant by law able to demand someone different ? If so what would be his legal grounds ?

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  • if he surrounded himself with that many derros, he should go to gaol.

    • Lucky for you there isn't a law against spawning derros otherwise your parents would be on death row Vincey . But yeah , one could argue someone who allegedly attempted to take out a few crack heads should at least get a fair representation.
  • Isn't it the case that you get what you pay for, so if its legal aid you get what they give you.
    • Well as a taxpayer unfortunately we are paying for it . So should solicitors be able to get away with doing half a job when they're being paid in full ?
  • This reply was deleted.
    • There's no internet in there mate , and they buy their own TVs as well . The stories about the treatment in the normal Jails aren't true Browny . It's the families and friends who pay their way . They rarely eat the prision food and all other food is bought . Don't get me wrong , they're stress free and I'm in no way feeling sorry for them , but they don't get the free run with all the luxuries that gets reported . Only in the Indigenous and young offender joints .

      They do the crime , we do the time .
  • I wonder if there is some form of professional review process where he can lodge a complaint. Then again he probably needs legal advice on that and that's how this whole thing got started.
    • Yeah I think he requested someone else and they said nope . I guess the query is whether he has legal grounds to ask for that to be reveiwed .

      The thing that's the most surprising is with the correctional centres Mybob is they have limited access to legal advice . That's the part that opened my eyes the last few years .

      Whether he should be there or not anyway is another debate that I'm neutral on even as a good mate , but since the other party are far from angels in it all , is like to see him get a fair go.

      The evidence against him is shockingly weak so he also believes he may have been slightly stitched up by his last ( and now new ) solicitor.
      • Incredibly frustrating for him I'm sure
  • Most legal aid are young lawyers learning their trade. Unfortunately, for your mate the legal system is based on the biggest check book.
    • Legal aid would've funded an experienced barrister
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