Wayne Butcher’s alleged domestic violence matter ‘dragging on’: Magistrate
A Cairns magistrate slammed both sides of the law for “kicking the can down the road” in relation to a former Far North mayor’s domestic violence charges “dragging on”.
A Cairns magistrate slammed both sides of the law for “kicking the can down the road” in relation to a former Far North mayor’s domestic violence charges “dragging on”.
Former Lockhart River mayor Wayne Butcher was charged with seven offences and arrested in July 2024, but is now on bail and reportedly living in the Cape York community after his court matter was adjourned on Tuesday.
The court heard Mr Butcher’s defence team – Osborne Butler Lawyers – was awaiting correspondence from the prosecution, including a psychological assessment of the aggrieved, to understand how to respond to the alleged domestic violence.
Defence lawyer Nick Westcott said Mr Butcher’s legal representation planned on challenging that assessment, telling the court the expert “only had an arts degree”.
“Arts degree? How’s this going to be used?” Magistrate James Morton questioned, to which Mr Westcott replied: “That’s the issue.”
Mr Westcott then said the defence was also seeking all police records and occurrences linked to the complainant.
The magistrate questioned why “all” police records and occurrences were required about the complainant.
“(Is that) all occurrences in relation to these charges or does that include fishing too?” he said.
“We need to know this because I can see right now why this matter is dragging on. You’re just kicking the can down the road at somebody’s expense.
“That’s a very wide description … if I was to sit here and decide on that, I’d dismiss that application.”
The court then heard that the complainant in her July 2024 statement had identified three individuals who she claimed had witnessed the grievous bodily harm offence, and the defence was seeking statements be taken from those people as well.
Mr Morton asked the police prosecutor if he knew “anything about that”, before ordering him to check his emails and search for the defence’s requests, which Mr Westcott said was sent on June 6.
“I’m not just going to let this drag on, (this matter) has been here far too long … and the complainant must be wondering where the matter is at,” Mr Morton said.
But the police prosecutor said the defendant’s law firm’s requests had been responded to on June 23.
“There you go, Mr Westcott … you’ve been sent down here (by your firm) carrying the can,” Mr Morton said.
“I have, your honour,” Mr Westcott replied.
Mr Morton expressed repeated frustrations over the justice system’s slow movements, taking aim at both sides at the bar.
“There’s a note here saying ‘matter is dragging on’. I didn’t write that, someone else did,” he said.
The matter was adjourned to September 16 for a mention, with Mr Butcher expected to appear.
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Originally published as Wayne Butcher’s alleged domestic violence matter ‘dragging on’: Magistrate
