‘In the meantime, I’m stuck in limbo’
Arthur Fernando Rocha, 55, of Fredericton, officially without defence counsel over insistence he get trial by jury - which legal aid won’t approve - on church break-in, assault allegations
A Fredericton man remanded on break-in and cop-assault allegations for three months now declared Monday he was going to sue legal aid and demanded his charges be stayed over disclosure delays.
Arthur Fernando Rocha, 55, of Woodstock Road, faces March 16 counts of break, enter and theft at St. James Presbyterian Church in Hanwell; assault on a Mountie; assault on the same officer with a weapon, namely, a crowbar; resisting an officer; and possession of break-in instruments.
Court heard previously that Rocha had been represented by defence lawyer Wanda Severns through a certificate issued by Legal Aid New Brunswick, but there was a problem. The defendant wanted to elect trial by judge and jury in the Court of King’s Bench, but the legal-aid agency wouldn’t approve that.
Rocha had demanded to see his disclosure ahead of his election, and the court adjourned the matter a couple of weeks ago to give Severns time to return the disclosure package to the Crown’s office, which in turn was to arrange for it to be delivered to the accused in custody.