The trial of James Lindon Graham (67), of Kakanui, was due to start in the Timaru District Court yesterday, before Judge Phil Moran, and was set down for three weeks.
In September last year, Oamaru police said they were investigating an alleged fraud who was believed to have swindled people out of "millions of dollars" during the past two decades, and they were keen to hear from anyone who had dealings with Graham or had given him money since the mid-1990s.
Graham told Judge Moran in the Timaru court yesterday morning he had sacked his lawyer, Peter Eastwood, as he had not followed his instructions, and he had found another lawyer who was willing to take his case.
He sought an adjournment so new counsel could be instructed.
Crown solicitor Tim Gresson described it "as an absolute bolt out of the blue", submitting it was a tactic by Graham to delay the trial.
Judge Moran told the court there were three options - adjourn until next year so Graham could instruct his new counsel, proceed with Graham representing himself, or proceed with Graham representing himself with amicus, or "friend of the court", if Mr Eastwood was prepared to take the role.
Graham was entitled to counsel of his choice "but you're not entitled to bugger the court around", Judge Moran told him.
Graham told Judge Moran he was "not playing games with anybody" and he was trying to have a fair trial.
Graham was due to stand trial before a judge and jury two weeks ago on 99 counts of fraud and involving the calling of 55 Crown witnesses.
The trial did not proceed, Judge Moran said.
The Crown naturally opposed any further adjournments and Mr Gresson made the strong submission that it was a tactic by Graham to avoid his trial and that contention was not without substance, Judge Moran said.
The trial was set down for hearing in the five weeks starting on November 15.
On November 2, Graham, through his counsel, sought an adjournment which was refused by Judge Moran.
On November 11, Graham, through his counsel, applied for an order to the effect that he was unfit to stand trial.
A hearing was held and then a disability hearing scheduled to determine whether Graham was mentally impaired and therefore fit to stand trial.
His counsel then said Graham's psychiatrist would not be available that week but he then made himself available.
On November 25 and 26, Judge Moran held a disability hearing and found Graham was mentally impaired but fit to stand trial.
Mr Gresson then applied for trial by judge alone and the application was granted by Judge Moran.
The Crown was quite justified in submitting the sacking of his lawyer was a tactic by Graham to put off his trial, Judge Moran said.
However, he was entitled to dismiss counsel in whom he had lost confidence, and he was entitled to be represented.
Judge Moran was not satisfied a fair trial could be had if he was unrepresented.
The only safe way to ensure a fair trial was to adjourn so Graham could appoint new counsel.
It was ironic that, in pursuing the application, Graham condemned himself to many more months in custody on remand, Judge Moran said.
Graham was remanded to appear in Christchurch on January 21 for pre-trial call-over.
