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Celeste Manno was killed in her Mernda home in November 2020. Her family say the court process to bring her killer to justice was ‘absolutely disgusting’.
Celeste Manno was killed in her Mernda home in November 2020. Her family say the court process to bring her killer to justice was ‘absolutely disgusting’.

‘Silenced and sidelined’: Broken justice system fails victims of crime

Victims of violent crimes and sexual assault say going through the broken justice system was worse than the actual crime itself, a scathing report reveals.

Half of victims are so traumatised by what some describe as the “injustice” system they question whether they would ever report another crime.

The report, released on Monday, details the judicial ­experiences of many victims, ­including that of a woman who took her own life due to court delays, and of two witnesses who attempted suicide.

Other victims claimed police advised them not to report crimes to avoid the court trauma, the “Silenced and Sidelined” paper reveals.

Celeste Manno was murdered by her stalker while sleeping in her bedroom in November 2020.
Celeste Manno was murdered by her stalker while sleeping in her bedroom in November 2020.

Victims of Crime Commissioner Fiona McCormack, who compiled the 516-page report into victims’ experience of the justice system, called for “a new deal for victims” and handed down 55 recommendations.

“The justice system isn’t just failing victims, it’s actually harming them,” she told the Herald Sun. Her inquiry found three in four victims had concerns for their safety in court, 45 per cent would not participate in the justice system again if they had a choice, and 52 per cent questioned whether they would report a crime again.

Ms McCormack has also backed a longstanding push to abolish court committals for some cases, prioritising sex offences and family violence to reduce the trauma for victims and witnesses having to testify more than once.

In the report, some victims described the justice process as worse than the actual crime and as “systematic abuse” that gave their perpetrator greater rights, while professionals described it as “retraumatising, victimising and clinical”.

Victims of Crime Commissioner Fiona McCormack says the justice system is not only failing victims of crime, it’s harming them. Picture: Jay Town
Victims of Crime Commissioner Fiona McCormack says the justice system is not only failing victims of crime, it’s harming them. Picture: Jay Town

Among those who detailed horror experiences was a woman whose sister took her own life three weeks after she was left “devastated, exhausted, in ­despair” over a court delay, and another who planned to end her life after her alleged sex ­attacker’s lawyers fought to access her full psychologist file.

A daughter told of “appalling” trauma caused by a cleaning service that left behind her murdered mother’s human ­tissue, bone and hair, only to return and tell her “it was the worst crime scene they had seen since Bourke St”.

A father detailed having “no say” in a plea deal for his son’s killer, another parent sat unawares in the court foyer next to their child’s killer, who laughed and talked about his future, and a victim told of not pursuing criminal charges because police said it would be too “traumatic and harrowing (an) experience for me when being cross-examined”.

Victims expressed how they had no voice when their perpetrators got bail or plea deals, or had charges dropped.

Ms McCormack said the justice system seemed to believe it was “absolutely critical” to uphold the offender’s rights, but “there needs to be a culture change where victims’ rights are given the same value”.

Aggie Di Mauro told the Herald Sun of her family’s trauma while hearing her daughter Celeste Manno’s murderer quiz an expert in court about the 23 injuries he had inflicted on her body.

Stalker Luay Sako stopped his graphic questioning only when Ms Manno’s family stormed out, leaving them wondering if he put on his show only to ­inflict further harm on them.

“I can’t believe we were all put through that,” she said.

Celese Manno’s mum, Aggie Di Mauro, was forced to listen to her daughter’s killer grill an expert about the 23 injuries he had inflicted on her. Picture: Luis Enrique Ascui
Celese Manno’s mum, Aggie Di Mauro, was forced to listen to her daughter’s killer grill an expert about the 23 injuries he had inflicted on her. Picture: Luis Enrique Ascui
Celeste Manno was killed at her family home in Mernda in November 2020.
Celeste Manno was killed at her family home in Mernda in November 2020.

Ms Di Mauro asked to amend her victim impact statement – which was already heavily redacted by the court – to include the horror of what the killer had just put them through, but was refused.

She described her experience of the justice system as “absolutely disgusting”, stating her family had “no power” upon being told a deal was made to strike out Sako’s other charges – despite “overwhelming” evidence – to shore up his guilty plea to murder.

“I was just livid,” she said.

Alex Case, who was just 14 years old when he was sexually assaulted by Collingwood cheer squad identity Jeffrey “Joffa” Corfe, said if he had know how traumatising the court process would be “I wouldn’t have done it”.

“It wasn’t worth it,” he told the Herald Sun.

Corfe walked free last year with a wholly suspended 12-month jail sentence for the 2004 crime.

Mr Case, who gave permission to be identified, said he expected “closure” when he went to police to report in 2020 but ­instead had now been diagnosed with PTSD because of his justice experience.

Jeffrey ‘Joffa' Corfe leaves his lawyer’s office after appearing via video link on two counts of sexual penetration of a child under 16. Picture: Mark Stewart
Jeffrey ‘Joffa' Corfe leaves his lawyer’s office after appearing via video link on two counts of sexual penetration of a child under 16. Picture: Mark Stewart

“I’m a strong person, yet even then I became traumatised by the system after constantly trying to defend myself with no guidance,” he said.

“With the system the way it is now, I don’t blame other victims for not coming forward.

“If I’d have known what was going to happen I wouldn’t have done it. It wasn’t worth it. That needs to change for the next victims bravely coming forward.”

Corfe’s victim said if he’d known how traumatising the court process would be he wouldn’t have come forward. Picture: Getty Images
Corfe’s victim said if he’d known how traumatising the court process would be he wouldn’t have come forward. Picture: Getty Images

The commissioner said victims told her of entering the justice process believing their views and safety needs would be considered.

When they were not, it was “such a betrayal”.

A police officer told the ­inquiry extensive court delays had led to 50 per cent of victims not wanting to proceed with cases when they finally reached a hearing.

Ms McCormack has made 55 recommendations for change, including to provide a state-funded lawyer to help and advocate for victims, and to build a specialised victim liaison service in every court.

The commissioner said for years she had “heard from lots of successive governments” about building a trauma-informed process for victims. “We’re nowhere near that,” she said.

Minister Gabrielle Williams on Monday acknowledged that engaging in Victoria’s justice system was “incredibly difficult”.

“The system itself can be really challenging,” she said.

Ms Williams thanked those who participated in the report.

“We know that’s not that’s not an easy thing to do to relieve your pain to relive your trauma,” she said.

She noted that the report would be tabled in Parliament this week.

“The Attorney-General will have more to say about that,” she said.

“It will be considered, its recommendations will be considered and we’ll have more to say about that in due course once it’s gone through that formal process.”

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Original URL: https://www.adelaidenow.com.au/news/victoria/silenced-and-sidelined-broken-justice-system-fails-victims-of-crime/news-story/814f8e8677f048846b8063c3d1056a32