Longin v Tomordi; Longin v Department of Communities and Justice

Longin, a barrister with a practising certificate, applied for pro bono legal representation in proceedings against Tomordi and the Department of Communities and Justice. The application arose from sensitive allegations of sexual assault and the proceedings had been pending for several years. The defendants opposed the application, raising concerns about the plaintiff's assertion of impecuniosity and citing the proverb "a lawyer appearing for themselves has a fool for a client". The court had to determine whether the application should be granted, considering the complexities of the case and the plaintiff's professional background.

The court considered the principles established in prior cases regarding the referral for pro bono legal representation. It recognised the importance of ensuring that legal proceedings are conducted with a degree of objectivity and detachment, particularly in cases involving serious allegations. The court also weighed the plaintiff's professional status as a barrister against the potential benefits of receiving pro bono assistance. Despite the opposition from the defendants, the court found that the circumstances warranted a referral for pro bono legal representation. The plaintiff's assertion of impecuniosity, combined with the sensitive nature of the allegations and the need for effective legal representation, supported the grant of the application.

The court determined that the plaintiff's professional status did not automatically disqualify him from receiving pro bono assistance, especially given the specific circumstances of the case. The court acknowledged the risk of bias and the importance of objective legal representation in sensitive matters. The application was ultimately granted, and the plaintiff was referred for pro bono legal representation. The referral aimed to ensure that the legal proceedings could proceed with the necessary detachment and objectivity, considering the serious nature of the allegations involved.