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Conference Papers

Issues in the defence of charges relating to fraud

Michael Rozenes

Published in:
Complex commercial fraud : proceedings of a conference held 20-23 August 1991
Peter N Grabosky (ed)
ISBN 0 642 16992 6 ; ISSN 1034-5086
(AIC Conference Proceedings; no. 10)

Abstract

There is little sympathy for the accused faced with defending a complex commercial fraud trial. However, the defendant is usually in a position of inequity compared with prosecution resources, representation and preparation - and even if acquitted may face financial ruin. In order to properly defend an accused charged with complex fraud, the following practical issues need to be addressed: procedures for arrest, interview and bail; choice of representation; the need for preparation; control of documents; committal proceedings; interviewing prosecution witnesses; special problems; and use of modern courtroom techniques. If the community is prepared to fund the prosecution of complex fraud trials it must also provide adequate resources to fund the defence and ensure that justice is done.