Second trial on hold after Legal Aid cash cuts A SECOND major criminal trial has been put on hold - possibly indefinitely - due to a Victoria Legal Aid decision to cut funding for certain legal representation. This morning, Supreme Court judge Justice Terry Forrest stayed the major trial after deeming it unfair that the accused man's funded barrister only had the services of a funded instructing solicitor for two half days during what was expected to be a lengthy trial. Last Friday, Justice Lex Lasry postponed another big case on the same basis. The new Legal Aid guidelines for tighter funding were announced in January due to an estimated $3.1 million deficit. The defence barrister in Justice Forrest's case had applied for an order that VLA fund a solicitor for the whole case in order to ensure a fair trial, arguing that the prosecutor would have a solicitor full-time. Alternatively, the defence barrister asked that the case be stayed. This morning Justice Forrest put off the trial, saying VLA's decision would see more trials put on hold. "If I am correct, the unfortunate effect of VLA's cost constraints is that many criminal trials will be postponed for as long as the cost-cutting protocol survives," Justice Forrest said. This is incompatible with the proper, timely and just administration of criminal justice. Justice Forrest said that while the accused man had not been refused legal assistance, the impending trial required a "two-person" defence team due to its complicated nature. "The (accused man) is represented by a careful, thorough criminal barrister with significant trial experience," Justice Forrest said. The (accused man) will lose nothing by (his barrister's) presence but, in my view, he will lose considerably by the absence of an instructor. This is a two-person case. I consider that one person, no matter how diligent or brilliant, simply cannot do to a proper standard what is expected of (the defence barrister). Put another way, I consider that I am unable to ensure that (the accused man) will receive a fair trial in the current circumstances. Outside court after the ruling, VLA spokeswoman Nicole Rich said VLA was sticking by its new funding guidelines, suggesting it was now up to the Director of Public Prosecutions to appeal Justice Forrest's ruling. "The judge has confirmed that Victoria Legal Aid is fully funding legal representation for the accused," Ms Rich said. We are still concerned. It's not in the public interest that trials be stayed...It's very important that the Director of Public Prosecutions now looks at this case and considers whether it needs to be appealed. Ms Rich said accused people could apply for funding for a second barrister, but that had not happened in this case. "In some cases it might be more costly to have a barrister than a solicitor," Ms Rich conceded. The point is it's not about trying to save money in every case. It's actually about ensuring that limited legal aid funds are expended appropriately. We believe that Victoria Legal Aid's guidelines are very appropriate.