Parole Board delays ‘force’ supreme court justice to be creative in penalties for serious Mackay drug offenders

Some prisoners are receiving lighter sentences because of the eight-month delay.

Prisoners are receiving more lenient sentences in light of massive delays for parole eligibility applications. Photo: Brett Wortman

A supreme court justice was forced to get creative with a penalty for a prolific Mackay drug offender in the face of incredible parole board delays.

Anthony Victor Ghilotti had a $350 a day ice habit and has now appeared before the supreme court four times for serious drug offending.

The 48 year old, who had a criminal history dating back 30 years, was busted possessing 6.523 grams of pure ice, 50g of GBL, $1500 cash and paraphernalia for a deconstructed meth lab that had been used to make the drug.

The father has already spent about 15 months in custody for this offending, which was committed while he was on parole for other drug charges.

“This is a man who’s continued to offend in light of suspended sentences, he’s committed this offending in light of probation and parole,” Prosecutor Elisabeth Kelso.

“He’s put himself in a position where the community just can’t derive any comfort from him being released under any other circumstance than the parole regime.”

Ms Kelso said the range was four to five years jail – with parole eligibility after 16 or 20 months – which could be reduced to reflect the current eight-month delay on parole eligibility applications.

However defence barrister Matt Heelan, instructed by Fisher Dore Lawyers, said with the time his client had already spent in custody plus the delay Ghilotti would end up serving jail time akin to a six-year sentence.

“This is a difficult sentence, there is no easy answer,” Mr Heelan said.

Justice Graeme Crow. Photo: Annette Dew

Justice Graeme Crow told Mackay Supreme Court Ghilotti had already served sufficient time for a heavy sentence.

The court heard ideally Ghilotti would be put on parole, but if he was forced to serve any time it had to be an eligibility date.

Justice Crow agreed it would be unjust for Ghilotti to serve time behind bars that would match a six-year sentence.

As a result, Justice Crow was “forced” to give him a 4.5-year jail term suspended immediately and three years probation. Convictions are recorded.

This has been a similar occurrence throughout Queensland as courts are forced to take into account a crippling eight-month wait for parole applications to be heard.

Another serial Mackay drug offender Ashley Neville Graham was also given a more lenient sentence over the delays.

The 36 year old with a 15-page criminal history was caught with 6.415 grams of pure ice after a car crash on the Bruce Highway.

The court heard Graham had already spent 380 days in custody that could be declared. Ms Kelso said a three-year jail term with parole eligibility was appropriate.

But with the eight-month delay on parole applications he would end up serving the same amount of time as a four-year jail term.

Because of this Justice Crowe jailed Graham for three years to be released on a suspended sentence after serving another four months. Eight months was declared as time already served.

A Parole Board Queensland spokesman confirmed there was a “significant backlog” in parole applications.

The Queensland Government has engaged accounting firm KMPG to undertake an urgent review of the Board’s operations.

“There has been a significant increase in prisoner numbers, with approximately 1000 more prisoners held in custody compared to a year ago,” the spokesman said.

“A fourth team is now operating, increasing the Board’s processing capacity by 33 per cent.

“The board will continue to do everything that it can to decide parole applications as quickly as possible.”