The ruling today on the Operation Cotton case is significant – in terms of law, policy, and politics.
In essence, the ruling was on whether a complex fraud trial could go ahead in circumstances where there appears to be no legal representation available for the five defendants. The lack of potential representation was in turn because no barristers with the sufficient expertise were willing to work for the government’s legal aid rates for such cases. The prosecution wanted an adjournment so that defence barristers could be somehow found. The defendants instead sought a “stay” – in effect, the termination of the prosecution.