An accused who has withdrawn instructions from legal aid representatives and insists on Senior Counsel representation that the Legal Aid Commission will not fund may not satisfy the Dietrich requirement that the lack of representation be 'through no fault' of the accused. The Legal Aid Commission's means test is not determinative of indigence for Dietrich purposes; the court must assess whether funds are reasonably available for legal representation. The balancing exercise under Dietrich requires consideration of the public interest in timely prosecution, particularly where delay has been unconscionable.
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