Linda Marie Willoughby, 57, granted bail for 36-year-old offences committed in Victoria

A Victoria Police bid to extradite a 57-year-old bayside nurse caring for her gravely ill husband for 12 shoplifting crimes she committed as an 18-year-old has been emphatically pushed back by a Queensland magistrate.

A bayside magistrate has given emphatic reasons for granting a 57-year-old registered nurse another four-week adjournment while Victorian police try to extradite her on a 36-year-old “heartless” warrant for shop stealing as a teen.

Victoria Point nurse Linda Marie Willoughby was represented at her Cleveland Magistrates Court appearance on Wednesday by defence barrister Andrew Hoare for the highly unusual matter that may progress all the way to the Supreme Court of Victoria.

The court heard Willoughby was on February 14 granted bail in Cleveland by magistrate Deborah Vasta when it was revealed the defendant had been arrested by Victorian police on the age-old warrant as she supported her deathly ill husband in hospital.

Willoughby in 1985 committed 12 “incidents” of shop stealing in Victoria with the same man she in February supported in hospital as he battled a deadly case of Covid-19.

Having committed “the same offences”, Willoughby’s husband was in 1986 fined $400 for his part of the $342.11 theft, the court was told.

Willoughby was sentenced to one month prison for each stealing offence to be served cumulatively by a different Victorian county judge.

An appeal of the sentence was on May 29, 1986 dismissed when the defendant failed to appear at court.

The Willoughbys thereafter moved to Queensland where they remained for decades while the defendant’s Victorian court matter “completely slipped her mind”.

Willoughby had since “rehabilitated herself” and accrued no further criminal offences while working as a nurse and bringing up two children, now of adult age.

Tuesday’s adjournment was immediately opposed by the warrant serving Victorian Sergeant, who corresponded with the court via email from interstate.

Mr Hoare said he required time to pursue every available legal avenue to address the extraordinary set of circumstances.

Cleveland Courthouse. Picture: AAP/Richard Walker

“I need to get to the Supreme Court of Victoria library,” Mr Hoare said.

The defence further noted they would investigate the validity of the warrant, described at court as “basically a return to prison warrant”.

Willoughby in the meantime “technically” remains in the custody of the Victorian Sergeant while on bail.

The extraordinary matter was couched as seemingly “nonsensical” and “heartless” by Ms Vasta.

“This is not just a tick and flick box; the courts are being asked to act on warrants that are 36 years old,” Ms Vasta said.

“The paperwork has been signed by a clerk of a magistrates court, it has not been signed by the county court judge who dismissed the appeal.

“It is clear from all the evidence that Ms Willoughby has rehabilitated herself.

“And while the law is the law, and this may seem a heartless and nonsensical procedure to imprison a 57-year-old registered nurse 36 years after these offences, which, had they gone to appeal the penalty that would have been imposed I have no doubt would have been identical to her co-offender.

“That was a $400 fine.

“There is a lot more at stake here.

“I think it is appropriate that 36 years later that the laws be properly examined to ensure that Ms Willoughby is given every opportunity to pursue justice according to the law.

“Whether that be to challenge the warrant; whether that be applications to the Melbourne county court to reopen the appeal that was dismissed because she had failed to appear.

“Or whether that be before the Supreme Court of Victoria for a stay of the warrant.

“I am sorry that the police officers from Victoria disagree with my enlarging her bail for another four weeks.

“They have not travelled to Queensland on this occasion.

“The courts are here to enforce laws but are also required to enforce those laws in an atmosphere of justice.

“And it is only just that after 36 years, another four weeks isn’t going to hurt anyone.

“I strongly urge the defence team to use that time wisely to explore all avenues (and) not necessarily in Queensland.”

Willoughby had her matter adjourned and is next scheduled to appear before court on April 14.

Originally published as Linda Marie Willoughby, 57, granted bail for 36-year-old offences committed in Victoria