Daniel Lewis Brady denied legal aid, Mackay magistrate urges him to hire lawyer
A man taken into custody for allegedly choking a person has asked the court for freedom so he can get a lawyer, but one thing stood in the way.
Mackay
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A Mackay man accused of a violent attack is struggling to find legal representation after he was rejected by legal aid.
Daniel Lewis Brady is charged with choking, strangulation or suffocation in a domestic violence setting, and unlawful possession of a weapon.
Mackay Magistrates Court heard is unable to view evidence relating to his case or engage a solicitor as his legal aid application was rejected.
Mr Brady told acting magistrate Linda Bradford-Morgan it was because of his “assets” the application was refused.
“I did want to try get bail so I could sell my assets,” Mr Brady said.
The court heard Mr Brady previously made an application for bail, but was refused due to the seriousness of his alleged choking offence.
Ms Bradford-Morgan said Mr Brady was suffering the “practical consequence” of a criminal charge where bail is not presumed for a defendant.
“You do need to engage private representation given the seriousness of the charge... the earlier you get legal advice the better,” Ms Bradford-Morgan.
Mr Brady said it was “a bit hard” for him to get representation while he was incarcerated.
The court heard he made another application to legal aid, but Ms Bradford-Morgan said it was unlikely to be approved.
“It’s a catch 22 scenario you’re not able to view the brief of evidence in custody, you’re not eligible for legal aid, you do need to get legal advice,” Ms Bradford-Morgan said.
Police prosecutor Kat Pollard suggested Mr Brady could view the brief of evidence while he was in the Mackay watch house, but said viewing video evidence was “unable to be facilitated”.
Ms Bradford-Morgan asked Mr Brady how soon he would be able to get legal advice and he told her he wasn’t sure.
The matter was adjourned until the end of July and Mr Brady was remanded in custody.