Marteley v Legal Services Commissioner

The decision of the Legal Aid Tribunal, issued on 1 November 2012, upheld the Commissioner's decision to deny legal aid to the appellant, Marteley, in relation to his application for an appeal against his conviction for murder. Marteley sought legal aid to challenge his conviction, alleging prosecutorial misconduct and impugning the voluntariness of his guilty plea. The Tribunal dismissed the application, finding that Marteley's allegations were unsubstantiated and that his plea was informed and voluntary.

The primary legal issues the Tribunal had to decide were whether Marteley's allegations of prosecutorial misconduct were substantiated and whether his guilty plea was voluntary. The Tribunal found that Marteley's claims of prosecutorial misconduct, including the concealment of evidence and undue influence, lacked supporting evidence and were therefore unarguable. The Tribunal also accepted that Marteley was properly advised of his legal position and made an informed decision to plead guilty, despite having a possible defence. Consequently, the Tribunal held that Marteley's appeal grounds were unarguable, and his conviction could not be impugned.

The Tribunal concluded that providing legal aid for an appeal against conviction would not be in the interests of justice, given the unarguable nature of Marteley's grounds for appeal. The Tribunal found that the Commissioner's decision to deny legal aid was neither manifestly unreasonable nor wrong in law. Accordingly, the Tribunal upheld the Commissioner's decision, denying Marteley's application for legal aid to pursue his appeal.