Taxpayers to fund Borce Ristevski’s defence case for wife’s murder

Victorian taxpayers will fund Borce Ristevski’s fight against charges of murdering his wife Karen, leaving Aussies split over whether it was fair for the alleged killer to receive legal aid.

It emerged on Wednesday that Ristevski, who is charged with murdering his 47-year-old wife on June 29, 2016, had secured funding from Victoria Legal Aid to pay for his defence, which involves going through some 22,000 pages of evidence collected by prosecutors.

According to a report in Victoria’s The Age newspaper, Ristevski’s defence counsel told a court on Wednesday that the 54-year-old’s financial affairs were complex and that it had taken some time for Victoria Legal Aid to agree to cover costs. Ristevski, who was charged in December and plans to plead not guilty, is due back in court on May 16 for another hearing. He is currently remanded in custody.

Karen, a fashion boutique owner, went missing from her Oakley Drive home in Avondale Heights in Melbourne in June 2016, and her body was found by a member of the public in bushland in the Mount Macedon Regional Park on February 20, 2017. Her remains were found under a log in the park, but police have not publicly released her cause of death.

Her husband, who was the last person to see Karen alive, told police she left the home to clear her head, but after failing to return the next day, he reported her missing. He has previously denied any involvement with her disappearance or death.

After Wednesday’s hearing, the ABC reported that police used listening devices and phone intercepts to gather hours’ worth of evidence on Ristevski before laying charges. 

Victoria Legal Aid’s website says it may be able to offer free legal advice or get a lawyer to handle a case if an applicant’s personal circumstances made them eligible, and that eligibility is decided on four factors: what the case is about, the likely benefit to the aid recipient, if rendering aid benefits the public, and the aid recipient’s financial situation. 

The financial test looks at the applicant’s income, expenses, assets and whether there are dependents involved. “Our funds are limited and demand for legal services is high,” the legal aid service’s site warns.

The Ristevskis lived in an affluent suburb but news.com.au reported that the couple had money woes stemming from the collapse of their clothing manufacturing business, while two fashion stores they owned were also reportedly suffering revenue problems.

Sunrise viewers discussed on Facebook whether a person such as Ristevski should be granted aid, with some arguing that it was every Australian’s right to be defended in a court of law. Others pointed out that Ristevski’s assets may be frozen, or that Victoria Legal Aid could have placed a caveat on his properties so it is repaid when the assets are sold. They reminded fellow commenters that Ristevski had not been found guilty so was entitled to the presumption of innocence.

“That’s what we do in a civilised society,” one Facebook user called Cliff Chambers argued. “There are enough instances of the police fabricating evidence and people forced to defend themselves (me in one instance) that you need a pretty good grasp of the law to avoid being unjustly convicted.

But others argued that Ristevski should pay for his own defence, given that they said he was currently renting out his million-dollar home. “I know he has a daughter and she needs security but I don’t think it fair that we the taxpayers need to pay for his legal defence,” Anna Piscitelli-Lidonni commented.

Do you think anyone in such a serious case should receive legal aid if required, regardless of what assets they may have?