A recent case before the Court of Appeal upheld the defendant’s right to counsel. The defendant had been arrested with his girlfriend and friend after the police executed a search warrant at his house. 73 grams of cocaine, 55 grams of marihuana and over $5,000 were found. Although the girlfriend and the friend were able to contact duty counsel, the defendant was held in custody for at least 3 hours before the police attempted to get him duty counsel and none of the police were able to confirm whether he spoke to duty counsel or not.
The right to counsel the appeal court said is very serious and significant and the only proper remedy was to overturn his conviction and enter acquittals.