Top barrister David Edwardson, QC, says SA's courts are worst in nation because of Labor Government

EXCLUSIVE: South Australia's criminal justice system is the worst in the country, solely because of the Labor Government, a nationally-renowned barrister says.

SOUTH Australia's criminal justice system is the worst in the country and the blame rests solely with the Labor Government, a nationally renowned barrister says.

David Edwardson, QC, has told The Advertiser that chronic under-resourcing means victims and offenders must wait longer for overworked judges to deliver justice in facilities that are a "joke".

Speaking publicly for the first time, he said SA scored Fs in facilities, trial timeliness, resourcing, legal aid funding and prisons when compared with interstate jurisdictions.

Mr Edwardson said the Labor Government must let go of its "pathological hatred" of the legal profession and pump money into the overtaxed, decaying system before it collapses.

He called on Attorney-General John Rau to take responsibility for the justice system instead of pleading for private developers to build a $500 million courthouse.

"Our courts are the worst in the country, we are completely under-resourced and there are not enough courtrooms or judges ... it's that simple," he said.

"Our courts are falling apart - they are just a joke - and their condition is very, very poor.

"To be brutally frank, it really is no more than a reflection of the government's pathological hatred of the legal profession and refusal to properly resource the courts."

Mr Rau agreed the courts were in "serious need" of modernisation but said the solution was not "throwing money" at problems.

"Drastic reform of court procedures and the attitudes of some in the legal profession is the most urgent remedy required," he said.

"I give Mr Edwardson an 'F' for objective balance."

Mr Edwardson is one of the state's top legal minds, working across the civil and criminal courts for high-profile defendants, companies and corporations.

He has acted for clients in every national jurisdiction, including the High Court, and represented Anthony Evans in the only televised murder trial in Australian history.

Mr Edwardson was defence counsel in the acquittal of Perth barrister Lloyd Rayney, who was accused of murdering his estranged wife, Corryn.

His long, antagonistic history with the Labor Government is a matter of public record.

In 2001, he was part of the team representing Paul Nemer, whose controversial suspended sentence was revoked following a government-driven appeal.

In 2006, State Cabinet rejected Mr Edwardson's application to be named Queen's Counsel.

The application was approved only after then-Chief Justice John Doyle personally vouched for the barrister in a meeting with then-Premier Mike Rann and then-Attorney-General Michael Atkinson.

Mr Edwardson went on to represent Rick Phillips, who assaulted Mr Rann at the National Wine Centre, in October 2009.

This week, Mr Edwardson said he chose to speak out after The Advertiser revealed the state's prisons were just 45 inmates away from exceeding their 2401-person capacity.

"I know there are cells designed for one person in which three inmates are being held, thanks to the last-minute addition of a mattress on the floor," he said.

"Inmates yet to be tried are being held at Yatala in G Division - a punishment unit designed for short-term occupation - what sort of system is that?

"It's all very well to have a 'pack, rack and stack' mentality but you have to be able to process all these prisoners. To do that, you need adequate prisons, resourced courts and the right number of judges."

He said the lack of resources meant SA's infamous trial backlog was only getting worse.

"I had, I think, nine SA trials not reached (failed to start as scheduled) last year and that's appalling in every respect," he said.

"I don't know what the hidden financial cost of that is, but it doesn't even account for the immense anxiety these delays cause for victims, accused persons and their families.

Mr Edwardson said no other Australian jurisdiction "was so obviously failing" to provide efficient, timely justice.

"Perth has superb facilities, as does Queensland ... NSW has an older building, as do we, but it nonetheless has very modern equipment," he said.

"As a result, the turnover of cases interstate is significantly higher - verdicts will be followed by sentencing submissions the next day, and sentencing the day after.

"In SA, there are weeks, sometimes months, between these hearings because courtrooms are booked solid and judges aren't free to concentrate on a single matter."

Last September, the Government announced it was seeking expressions of interest from private developers for a revamped $500 million courts precinct.

Mr Edwardson said the Government was seeking to shirk its duties.

"We have been talking about a new courts precinct for 10 years and, when we are finally told there will be resources, it's supposed to come through private developers," he said.

"Usually, a well-functioning court is the responsibility of government."

He said the system's issues should have been addressed "long ago".

"This is not some unforeseen problem (and) any solution sits fairly and squarely with the Government - it cannot come from anywhere else," he said.

"You cannot handball the responsibility of a government to provide functional courts and judicial officers."

Mr Rau said infrastructure problems would be addressed by the courts redevelopment project.

He said the Government was working with the courts, Law Society and prosecutors to reform court procedures, increase efficiency and reduce delays.

"I have spoken publicly, on many occasions, about the dangers that our legal system faces if the courts and the profession do not embrace and participate in change," he said.

"The facts are we have more judicial officers per head of population than other states - particularly in the District and Magistrates Courts.

"Wild assertions unaccompanied by objective facts are no substitute for an argument."

COURT OUT

October 2011: Then-Chief Justice Doyle could not access his own office, following a fall, because the building was not wheelchair-accessible.

May 2013: Chief Justice Chris Kourakis reveals the courts' IT system was 25 years old and prone to failing as often as once a week.

June 2013: Chief Justice Kourakis says trials would be delayed, and victims forced to wait for justice, because the State Government would not replace retiring judges.

June 2013: Attorney-General John Rau warns the courts may lose their financial independence if they pleaded poverty to protect "sacred cows" from savings cuts.

September 2013: A child sex abuse trial in Port Augusta is postponed for two months because of insufficient court time to hear it.

January 2014: The Advertiser reveals the state's prisons were just 45 inmates away from exceeding their 2401-person capacity.