An accused person who unreasonably terminates one solicitor's retainer is not necessarily 'at fault' for being unrepresented within the Dietrich framework, particularly where legal aid funding remains available and representation could be obtained within a relatively short time. The denial of cross-examination of witnesses who gave evidence during an accused's justified exclusion from the courtroom is a fundamental procedural error beyond the curative scope of the proviso, where the accused has ceased disruptive behaviour and the witnesses could be recalled without difficulty. A trial judge must hear from the accused before granting a solicitor leave to withdraw.
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