Director of Public Prosecutions v Brown

The Director of Public Prosecutions sought an order for the forfeiture of assets obtained by a person under investigation for the murder of two police officers. The suspect had sold her story to the media while under investigation, and the funds from this transaction were subject to a restraining order. The suspect applied to the court to vary the restraining order to allow her to use the funds to pay for legal representation. The court had to determine whether it was appropriate to vary the restraining order and, if so, what the terms of the variation should be.

The court held that the suspect had a right to legal representation and that it was in the interests of justice for her to have the means to secure such representation. The court found that the suspect was not using the funds for any criminal purpose and that the variation would not interfere with the investigation or trial. The court varied the restraining order to allow the suspect to use the funds to pay for her legal representation, subject to certain conditions.

The court ordered that the restraining order be varied to permit the suspect to use the funds to pay for her legal representation, provided that she did not use the funds for any other purpose and that she kept the court informed of how the funds were being used. The court also ordered that the suspect's legal representatives keep the court informed of the status of the investigation and any potential trial.