Hearing of alleged child abuse material delayed four months over mental health report wait

A hearing has been delayed once again for a man accused of possessing child exploitation material because of a mental health assessment. Here’s the latest.

Hobart Magistrates Court, Liverpool St. Picture: NCA NewsWire / Richard Jupe

The hearing has been delayed by four months for a man accused of possessing child exploitation material after the state’s Forensic Mental Health Service could not provide an assessment requested two months ago.

Magistrate Jackie Hartnett oversaw the case of Corey Scott Ross Killingback on Monday in the Hobart Magistrates Court, where he faces one count of allegedly possessing child exploitation material.

Mr Killingback, 27, had been found unfit pursuant to section 17 of the Criminal Justice (Mental Impairment) Act.

A mental health assessment report was required as part of Mr Killingback’s case and had been requested in June, allowing for the 16-week preparation time.

The court heard that neither Mr Killingback’s defence lawyer Pip Monk nor Ms Hartnett received the report from the Tasmanian Forensic Mental Health Service.

“It has been 15 weeks since I requested the report and the forensic mental health service said they had no psychiatrists of chief psychiatrist available to fulfil the request and there was currently a 16-week time frame for reports,” Ms Hartnett said.

“I also asked if someone from Forensic Mental Health could attend court today and I was told no, but they said I should instead seek a report from another psychiatrist or mental health service provider.

“Under the Mental Health Act, I have to get assessment reports from the chief psychiatrist at Forensic Mental Health.”

Ms Hartnett went on to say there appeared to be some confusion in the system over who allocates and is responsible for the reports but shared the frustration of both the defence and prosecution that court proceedings were delayed because of it, calling it “a bit ridiculous”.

Ms Monk stated she had heard of similar 16 to 18-week waits for assessment reports in the Supreme Court of Tasmania.

“I’m unsure what they [Forensic Mental Health Service] are asking us to do,” she said.

“We are all restrained by the Act, it says it has to be done by a chief psychiatrist.

“I don’t know who would order that to go through a private provider – we are a little hamstrung.”

Ms Hartnett adjourned the matter until January 6, 2025, giving another 16 weeks to allow the report to be completed.

A spokesman for the Department of Health said the Forensic Mental Health Service had received 113 requests for forensic mental health reports from both Supreme and Magistrates courts during 2023-24 and 26 requests to date for 2024-25.

“The Forensic Mental Health Service’s primary focus is the treatment and management of individuals with significant mental illness or disabilities who are involved with the justice system, or who pose a significant risk to other people – including the care and treatment of patients, both those in the Wilfred Lopes Centre and those on community forensic orders across the state,” the spokesman said.

“The Forensic Mental Health Service works to ensure that reports are progressed and finalised in a timely fashion, however, at times there is a delay in completing reports as clinical care and management has to be prioritised.”

Originally published as Hearing of alleged child abuse material delayed four months over mental health report wait