DPP asked to examine trial decision of judge Clive Jeffreys
NSW ATTORNEY General Mark Speakman has asked the State Director of Public Prosecutions to examine another controversial decision by District Judge Clive Jeffreys, broadcaster Ray Hadley says.
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NSW ATTORNEY General Mark Speakman has asked the State Director of Public Prosecutions to examine another controversial decision by District Judge Clive Jeffreys — previously criticised for lenient sentencing.
A case involving a stepfather in rural NSW allegedly committing years of sexual abuse against his teen daughter was split into two trials, against the wishes of the prosecutors.
2GB morning host Ray Hadley said the presiding judge Clive Jeffreys allowed a defence request to split the trial into two separate trials, despite there being just one victim and one alleged offender.
“It was most unusual,” Mr Hadley said. “When there’s one lone victim, it doesn’t usually happen.
“We believe the director of prosecutions argued … there should be one trial.”
The alleged paedophile was charged with aggravated sexual assault, victim under authority of the offender, indecent assault victim under 16 years of age, domestic violence.
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The man pleaded not guilty and was found not guilty at the first trial and now awaits the second.
District Court Judge Jeffreys has previously come under scrutiny for the perceived leniency of his sentences, particularly in child sexual assault cases.
Five sentences that Judge Jeffreys imposed were subsequently increased by the Court of Appeal. His sentence of Bega paedophile Maurice Van Ryn was almost doubled on appeal and led to Transport Minister Andrew Constance calling for him to quit.
A request by the DPP for an adjournment to explore whether there were grounds to appeal the split trial decision was allegedly rejected by Judge Jeffreys, Mr Hadley said.
Mr Speakman’s office and the DPP have been contacted for comment.
“The Attorney-General is asking Lloyd Babb the DPP in NSW to look at this,” Mr Hadley said.
Mr Hadley said legal sources said the decision to split the trial into two separate trials was “utterly inexplicable”.
The mother of the girl contacted Ray Hadley saying the result of splitting the trial meant the only evidence that remained in the first trial was the daughter’s testimony — none of the digital evidence was allowed in the first trial.