Chief magistrate blasts DPP Lloyd Babb over extensive court delays

The state’s chief magistrate has blasted the Director of Public Prosecutions Lloyd Babb, ordering him to get “his own house in order” and stop wasting money and court time on unnecessary adjournments.

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The state’s chief magistrate has blasted the Director of Public Prosecutions Lloyd Babb, ordering him to get “his own house in order” and stop wasting money and court time on unnecessary adjournments.

In a stinging criticism dished out in the Downing Centre this week, Chief Magistrate Graeme Henson lambasted prosecutors for ignoring court orders and slowing down the judicial process.

Defendants charged with everything from assault to child pornography offences poured into courtroom 5.2 and appeared with their lawyers before Mr Henson to enter pleas or provide updates on the how the case was progressing.

As Mr Henson made his way through the court list, his frustrations boiled during at least three different criminal matters because the DPP kept requesting adjournments.

Chief Magistrate Graeme Henson has blasted prosecutors over continued delays in court.

In one case, a prosecutor asked for three weeks so he could read a witness statement from a taxi driver.

Appearing fed up, Mr Henson took issue with why the prosecution needed three weeks to complete a simple task and pointed out that the defence lawyers billed their clients after every court appearance.

“This is a court of limited resources, it has been for years,” he said.

“Every time the DPP gets an adjournment for failing to do what the court asks the accused, who may or may not be guilty, is charged by their lawyer for any additional appearance.

“Is that fair? No it isn’t.”

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In a strongly-worded rebuke, Mr Henson questioned what a government representative sitting in court would think about how taxpayer dollars were being spent.

“I will take the continued failure to the director and ask that he put his own house in order,” warned Mr Henson, who pointed out that at one point in his career he was second in charge at the DPP.

“Failing that I will go to the government of the day.”

As the adjournments continued, Mr Henson upped the ante.

“My indication of what I may do in terms of talking to the director is now a will do,” he concluded after a lengthy, self-titled homily.

“I have had enough.”

Chief magistrate Graeme Henson wants Director of Public Prosecutions Lloyd Babb (pictured) to get his “house in order”. Picture: John Grainger

The Sunday Telegraph understands Mr Henson spoke personally to the Deputy DPP director on Friday morning and walked away content that his concerns were taken seriously.

The reprimand comes amid recent discussion about the crippling workload of judges and magistrates and the toll it takes on their mental health.

At the end of last year, Mr Henson gave evidence at a Judicial Commission hearing into complaints made about Mid North Coast Magistrate Dominique Burns, who revealed the exhaustion and pressure she experienced on the bench.

Mr Henson made a point of highlighting the dire under resourcing of the courts.

In the NSW Local Court in 2017, a defendant who went to hearing waited an average of 199 days to have their case finalised.

The average wait had increased by almost 30 days since 2013 in line with a mounting caseload, according to the NSW Bureau of Crime Statistics and Research.

However, as the Local Court handles summary offences with maximum penalties of two years jail or less, a majority of defendants plead guilty on the first appearance or early on.

That forced the average delay in the Local Court across all circumstances — for people on bail, who pleaded guilty straightaway or waited for a hearing — down to 88 days.

On Thursday, the top magistrate took two prosecutors to task for adding to the delays of cases but his criticism was angled at the Office of the Director of Public Prosecutions.

“The Local Court is getting sick and tired of orders being ignored,” Mr Henson said.

“You wouldn’t do it in the Supreme or District court (so what is the reason) for doing it in the Local Court?

“That’s a rhetorical question. The answer is none.”

Quipping it was “not a happy day for the DPP”, Mr Henson went as far as asking the DPP solicitors to spread his message to their colleagues.

A spokeswoman for the DPP declined to comment.