Queensland Government’s lack of resources slammed by Judge Michael Byrne after four-year delay in sexual assault sentence

A Queensland judge has slammed the State Government over its lack of resources that contributed to a four-year delay between a man’s arrest and his sentence for sexual assault, labelling the whole affair an “atrocity”.

A District Court judge has described a four-year delay between a man’s arrest and his sentence for sexual assault, after a trial, as an “atrocity”.

Judge Michael Byrne blamed the State Government’s lack of resources for affecting Beenleigh District Court’s ability to conduct timely trials for part of the lengthy delay.

Andre Nigel Adomaitis, 38, was found guilty by a jury of sexually assaulting a young intoxicated woman, in her early 20s, after inviting her to use his room to sleep over after a party at his home.

Adomaitis was found not guilty of rape and not guilty of another charge of sexual assault.

District Court Judge Michael Byrne sentenced Adomaitis to nine months’ jail for sexually assaulting the young woman by rubbing her vagina.

But he immediately suspended the jail sentence, for an operational period of 12 months, after taking into account the long delay in the case being concluded.

“A delay of over four years between your arrest and your sentence is, quite frankly, an atrocity,” Judge Byrne told Adomaitis.

He said the “extraordinary” delay acted in a manner that was a form of extracurial punishment, as Adomaitis had wanted to get the case finalised.

Crown prosecutor Alex Vanenn said Adomaitis, who was arrested in October, 2017, was committed for trial in May, 2018, and an indictment presented later that year.

The case was listed for a trial in 2019 at Beenleigh District Court, but it did not happen and a trial in July last year was adjourned because of COVID-19.

A trial in May, this year, resulted in a hung jury.

Beenleigh District Court. Picture: Richard Walker

“The delay is an atrocity,” Judge Byrne said.

“I don’t make any criticism of any judge who’s been sitting in Beenleigh (District Court).

“That criticism is reserved for the government who doesn’t give the resources to Beenleigh to conduct the trials in a timely manner.”

Judge Byrne said another aspect of the “atrocity” was that the victim had to wait three years to give her pre-recorded evidence for the trial.

The trial was transferred from Beenleigh to Brisbane, in a bid to have it dealt with more quickly.

The woman was sexually assaulted after she and her sister were offered a bed for the night, by Adomaitis, after a party, the court heard.

After the sister left during the night, it gave Adomaitis the opportunity to sexually assault the woman, who had consumed alcohol and cannabis, the prosecutor said.

Mr Vanenn said it was somewhat predatory behaviour, when the woman would not have expected anyone other then her sister to come into her bed.

Judge Byrne said Adomaitis, who was heavily intoxicated, having allegedly drunk a case and a half of pre-mixed spirits, had certainly taken advantage of a vulnerable woman.

“When heavily intoxicated you went to your bed when you knew the complainant was alone,” Judge Byrne said.

He said the jury, by the verdict, accepted the woman, who was intoxicated with alcohol and cannabis, was asleep on the bed.

He rejected Adomaitis’s claim that the woman had come on to him while he was watching TV.

“You imposed yourself, in an opportunistic way, on a heavily intoxicated and asleep woman by touching her in the area of the vagina,” Judge Byrne said.

He declared two days Adomaitis had spent in custody as time served on the sentence.