Counsel likely to be available

CHRISTCHURCH mosque murder accused Brenton Tarrant has refused the services of the duty solicitor appointed to him, and has said he will represent himself.

However, a counsel will likely still be made available to Tarrant to ensure there is a fair trial, Bridgette ToyCronin, a University of Otago academic who has extensively researched selfrepresented litigants, said.

Procedures changed in the wake of a 2017 Court of Appeal murder case where the issue of the role of counsel appointed by the court for someone representing themselves became an issue.

The court endorsed the exceptional use of ‘‘standby counsel’’ for a defendant in cases where a fair trial would not be achieved if the defendant was selfrepresented.

Dr ToyCronin said if Tarrant continued with his plans to represent himself, standby counsel would almost certainly be appointed.

‘‘The standby counsel will assist with things like court procedure, arrange access to witnesses, and how to run a defence.’’

If Tarrant had decided to represent himself to gain a platform to express his views, that would be an issue the trial judge would manage, Dr ToyCronin said.

‘‘If he is going to run a defence to the charge or charges, crossexamining witnesses and understanding evidence are tools and knowledge that counsel develop over many years.

‘‘They are not something you can pick up quickly and do successfully.

‘‘The court will do everything it can to ensure a fair trial, and a standby counsel is a mechanism to make that happen.’’