NSW justice system overwhelmed by delays, lawyers warn of false guilty pleas

NSW’s justice system is buckling under a pandemic backlog, with lawyers saying accused people are considering guilty pleas rather than fighting to clear their names while victims and witnesses are backing out of cases.

The NSW legal system is buckling under unprecedented delays with lawyers warning people are pleading guilty rather than fighting to clear their names - but only because they can’t endure years in the courts.

The District and Supreme Courts, each week, handle hundreds of the most serious allegations that are destined for trial by judge or jury, sentence or appeal.

Their workload and backlog is massive, but the engine room of justice is the NSW Local Court which deals with thousands of accused people each and every day.

Wait times between arrest and finalisation of court cases in the Local Court were increasing for years - then the pandemic hit and the courts struggled to even operate.

The Local Court, in 2021/22, finalised almost one third fewer cases than it had in 2018/19, the NSW Bureau of Crime Statistics and Research found.

NSW’s court system is buckling beneath a backlog of cases, lawyers have claimed.

Criminal defence solicitor, Mostafa Daoudie, is a frequent flyer in the courtrooms of Sydney’s west and said the Local Court is bottlenecking after Covid forced the cancellation of trials and hearings.

Mr Daoudie said hard working court staff are “inundated” and “under immense pressure” because of under-resourcing.

“The pressure is not only on the court and judicial staff but also extends to accused persons who are sometimes swayed to plead guilty to offences simply because of the frustration and delay in obtaining justice over time,” Mr Daoudie said.

“Those that wait to seek justice are forced to remain on strict bail conditions or worse, on remand in circumstances where they are considered ‘innocent until proven guilty’.”

Australia’s legal process is based on the vital concept of “innocent until proven guilty” but, multiple lawyers have told The Daily Telegraph, people are considering guilty pleas just to wrap the case up sooner.

Lawyers warn delays also push victims toward backing out while witness memories fade.

Bankstown Lawyer Mostafa Daoudie. Picture: Jonathan Ng

The Chief Magistrate of the Local Court, Judge Peter Johnstone, told The Daily Telegraph his courts have been under “enormous pressure” in recent years.

“Judicial Officers, Registry staff and administration staff have worked diligently under difficult and demanding circumstances to ensure that the cases coming before the Court have been managed as efficiently and effectively as possible in all the circumstances. Without this dedication and commitment, the delays that have occurred would be even worse,” he said.

The latest data, released last month, is that Local Court cases now take an average 279 days from arrest to finalisation when the accused person fights the charges.

That is three months longer than pre-pandemic figures.

Domestic violence, one of the most common cases in the Local Court, is taking 100 days longer to resolve than before the pandemic.

Last week Waverley Local Court staff, including defence lawyers and prosecutors, were shocked to learn the first available date for an AVO hearing was in December 2023.

The first available AVO hearing date at Waverley Court is in December. Picture: Bianca De Marchi

One troubled young woman, who allegedly got into a fight with her mother in December, was told she would need to wait a full 11 months for a hearing.

Until then, the court ordered, she cannot contact her mother unless through a lawyer and must abide by multiple other conditions as part of the interim AVO.

Judge Johnstone said the court was running a program to reduce delays but it will “take time” and it’s simply not possible for his courts staff to work longer hours than they do already.

“What is required is an appropriate allocation of resources, flexibility, patience and open and communicative collaboration between the Court, its officers and the various users and stakeholders, including Police, the DPP, Legal Aid, the Aboriginal Legal Service, the Bar, the Law Society, and the Court Services section of DCJ,” he said.

BOCSAR’s researchers said lengthy delays create “a state of limbo” for the accused as well as victims and witnesses and their families.

The chance of convictions diminish over time as witnesses and victims “disengage” from the legal process, BOCSAR’s director Jackie Fitzgerald said in December last year.

The NSW Government said the justice system was hit harder than most during Covid.

“Throughout these challenges, each and every day, our dedicated courts staff and judicial officers have kept the wheels of justice system turning for the people of NSW,” a Department of Communities and Justice spokeswoman said.

The government provided reams of statistics showing the NSW Local Court is finalising more matters within 12 months than Victoria or Queensland, the Supreme Court is finalising more matters than in 2016/17 and the District Court is finalising 90 per cent of cases within 12 months.

“The NSW Government has provided record funding to ensure our courts and supporting infrastructure are fit for purpose - an additional $120 million over four years (from 2021/22 to 2024-25), bringing the total funding to $220 million,” the spokeswoman said.

The spokesperson said more than $56m had been assigned to appoint eight magistrates and boost resources for prosecutors and public defence lawyers LegalAid.

“These significant investments will continue to support our courts deliver efficient access to justice for the people of NSW.”