Bail furore sparks brash invitation to chief justice from fed up Moree resident

Kylie Smith and her in-laws live in nightly fear of having their homes broken into by people let out of custody on bail. She has ia message for NSW’s top judicial officer.

Moree locals fed up with ongoing violence and crime have told NSW’s judges and lawmakers to come spend a week with them in the crime-stricken township the next time they consider releasing an alleged offender on bail.

It comes in the wake of a rare public statement made by Chief Justice Andrew Bell on Tuesday defending the state’s judiciary following criticism over recent decisions to grant bail to an alleged one-punch killer and a teen up on 17 break and enter charges.

Long-time Moree resident Kylie Smith, whose elderly in-laws Noel and Marcia Smith were subject to a horror home invasion last year, goes to bed every night in fear of what might happen for the nine or so hours her eyes are closed.

Her beloved town, where she once felt so safe she would leave her keys in the door and roamed the streets as a child, has turned into a nightmare amid rampant violence and crime.

Chief Justice Andrew Bell issued a rare statement this week defending his colleagues and explaining how bail decisions work under NSW law. Picture: Damien Shaw

NSW Bureau of Crime Statistics and Research data shows weapon offences have jumped a staggering 72 per cent in the Moree Shire in the past two years, while domestic violence is up 25 per cent and recorded breaches of bail are up 38 per cent in the same time frame.

Vehicle theft has also risen five per cent in the past 10 years.

The number of break and enters remain stable compared to previous years, but the figure is still more than eight times the state average.

Mrs Smith said the police do what they can, but claims the real problem lies in the justice system, which can allow accused people - mainly youths - back into the community on bail.

Fed up, she is begging lawmakers and the state’s senior judicial officers to come walk a mile - or spend the night - in her shoes.

Moree Plains Shire councillor Kelly James said she would welcome an extended visit from any politician or judge who wanted to learn more about what it's like to live in Moree.

“They can come and live with us for a week - no nice hotel and security, no flying in for a few hours then leaving,” she said.

“They can stay in Moree, get in their civvies, go buy a newspaper or a coffee, go to the local shops and see what people have to put up with here.”

Moree Plains Shire councillor Kelly James said she would welcome an extended visit from anyone willing to learn what is happening in the community.

She told the Telegraph one of her constituents is so fearful of what might occur at night that she sleeps in the lounge room of her home with a shovel in her hand in case anyone breaks into her home.

Moree residents Noel and Marcia Smith at their home which was broken into. Noel was injured by the intruders. Picture: Rohan Kelly

“They [politicians and judges] need to drive around here at night time and see the rubbish that goes on,” she said, adding she too felt there was a “revolving door” when it came to granting bail to alleged repeat offenders.

“How many victims have to suffer before someone ... does something about it?” she said.

Mr Smith was left bloodied and injured after the horrifying home invasion.

Mr Smith received a cut on his head and bruising to his back.

In his statement, Chief Justice Bell said being “in the thick of [criminal cases] every single day” made magistrates and judges more “in touch” than others when it came to the realities faced by victims, accused persons and offenders in criminal courts.

He said bail was a complex balancing exercise and not the time to decide if someone was innocent or guilty.

He also said no grant of bail was “risk free” and that it was “both wrong and unfair” to blame a judge if a person given bail went on to commit further offences.

But Mrs Smith said continual grants of bail had left her with no confidence in the justice system.

“It just keeps letting people out and it keeps doing the same thing over and over again,” she said.

“I go to bed every night worrying, thinking what the hell is going to happen tonight,” she said.

“We can’t live our lives like this any longer. We can’t live in fear.

“The people making these decisions should live in our community, where their wives, husbands and children have to put up with the same shit we do.”

Moree Plains mayor Susannah Pearse did not respond to the Telegraph’s request for comment.

Originally published as Bail furore sparks brash invitation to chief justice from fed up Moree resident