New BrunswickDaniel Bard will not get a second government-funded counsel his lawyer said he needs for the retrial of his financial crimes case set for January.Daniel Bard’s retrial on 19 charges, including fraud, theft set for JanuaryKatelin Belliveau · CBC News · Posted: Oct 31, 2025 2:25 PM EDT | Last Updated: 1 hour agoListen to this articleEstimated 3 minutesDaniel Bard, 61, is facing 19 charges, including fraud, theft and money laundering. (Katelin Belliveau/CBC)A Moncton judge denied Daniel Bard’s request to have a second government-funded lawyer added to his financial crimes case.Judge Anne Richard said in provincial court Friday that Bard does not meet the threshold for a so-called Rowbotham counsel. Doing so, she said, would open the door to delays in a case that’s been before the courts for three years.”I’m quite concerned,” she said in court.Bard, 61, is facing 19 charges including fraud, theft and money laundering. Some of the allegations date back to his time with an economic development agency in Moncton called 3+. Local business owners accused him of taking thousands of dollars in exchange for services he never delivered — and then vanishing.His case has faced several delays, including resetting trial dates several times, since charges were laid in 2022.WATCH | Why Daniel Bard doesn’t meet criteria for second lawyer:Judge denies 2nd lawyer for man accused of widespread financial crimesDaniel Bard, a Moncton man accused of financial crimes dating back to 2016, will not be allowed a second, government-funded defence lawyer. An accused can submit a Rowbotham application if they cannot pay for their own lawyer and don’t qualify for legal aid. If it’s granted, the government pays for a lawyer to take on the case.Bard’s trial ended in a mistrial in June after his previous Rowbotham counsel withdrew from the case due to health reasons.Bard’s current lawyer, Nelson Peters, is being paid by the government.Nelson Peters, who took on Bard’s case after a mistrial was declared in June, is being paid by the government as Rowbotham counsel. (Katelin Belliveau/CBC)In court Friday, Peters told Richard he needs support for the retrial scheduled for January, and had previously warned that he may run into health issues which could prevent him from completing proceedings.Richard previously denied a motion Peters filed to be removed from the case due to what he referred to as an auto-immune disease.Richard said Friday that being granted Rowbotham counsel is “not a freestanding right,” and that Peters’ potential health problems do not justify the need for a second lawyer to be added to the file.She also said it would cause adjournments in the case, given the time it would take to find a lawyer, and give them time to get up to speed on the case.”The court does not want to open the door to possible future adjournments on the same arguments that I’ve heard … three times — that counsel is not ready,” she said.Before Richard made her decision, Crown lawyers Chris Ryan and Brian Barnett consented to the Rowbotham request but said they did not think Bard met the criteria for it.”This really shouldn’t become a tactic,” Barnett said.Peters replied by saying that without a second counsel for support, “We’re basically setting Bard up for an appeal based on ineffective counsel.” Richard said the court would not comment on that assumption.Bard’s retrial is set to begin in January when witnesses are expected to be re-called to testify about Bard’s alleged crimes.ABOUT THE AUTHORKatelin Belliveau is a CBC reporter based in Moncton.
Moncton judge denies 2nd government-funded lawyer for man accused of financial crimes
