Court told Quartermaine was unable to make a phone call without presence of officer
A young man who tested positive for Covid-19 has been “denied justice” and forced to isolate in the Townsville watch-house without access to legal advice, sparking condemnation from one of the state’s top solicitors.
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A YOUNG man who tested positive for Covid-19 has been “denied justice” and forced to isolate in the Townsville watch-house without access to legal advice, sparking condemnation from one of the state’s top solicitors.
Larry Damien Quartermaine was listed to appear in Townsville Magistrates Court for the first mention of his matter on Thursday, but will instead spend at least a week isolating inside the watch-house after he tested positive to Covid-19 before his appearance.
Quartermaine’s lawyer told Magistrate Richard Lehmann they had been unable to take instructions from him either in person or over the phone.
The lawyer said watch-house staff told her if they wanted to contact Quartermaine, an officer would have to be present in the room during the call, which she said breached client-solicitor confidentiality.
With no instructions able to be taken as to whether or not Quartermaine would make a bid for bail, the court heard he would be isolated in the watch-house, pending a negative test result before his next mention date.
Speaking to the Bulletin, a Queensland Police Service spokeswoman said Quartermaine had been “physically unfit” for court, and posed a risk to watch house staff through possible exposure to the virus.
“That (exposure) overrides everything else … if he was a free man at home he wouldn’t see his lawyer either, he would chat on the phone … but this is not available to him in this situation,” the spokeswoman said.
Lawyers regularly apply for bail for defendants who do not appear physically in court.
In Queensland, the definition of a close contact includes household-like contacts who spent more than four hours with a Covid-positive person in a house, care facility, accommodation or similar.
The spokeswoman said because Quartermaine was in isolation, whether or not he could speak to his lawyer was “redundant”, and added he could speak to his lawyer “before he goes to court” next.
The situation was condemned by past president of the Queensland Law Society and one of the state’s top solicitors Bill Potts, who described the actions as “denying justice”.
“It (the ability to apply for bail) is a matter to be determined by a court – not by the failings of police, or by the inability of police to make simple and effective measures as seen across the state,” Mr Potts said.
He said there was no crime for testing positive to a disease, and the result should not have left Quartermaine unable to contact a lawyer from within custody.
“The watch-house is not a petrie dish with bars,” he said.
“It is a place where people who are presumed innocent of crimes by law are held pending a court making a determination as to whether the community is safe, and whether they should be entitled to bail within the community.
“I fully understand the desire of police to protect both themselves and others held in the watch house, (but) there are clearly mitigating actions which they can take to ensure this man receives justice in the form of the opportunity to make a timely and considered application for bail.”
He said an ability to apply for bail should not be delayed unduly unless there were “extraordinary circumstances” – and called the lack of arrangements available for Quartermaine to speak privately with a lawyer “disturbing”.
“The capacity for people to speak on the telephone and double mask if necessary, and where the watch-house staff have access to PPE … there are clearly means by which he can get both legal advice and determine whether he can apply for bail,” he said.
“Justice delayed even by disease is still justice denied.”
It is understood Quartermaine will isolate for seven days in the watch-house, unless further medical care is required, at which point he would be taken to hospital for treatment.
Quartermaine is facing charges of robbery with actual violence, and two counts of unlawful use of a motor vehicle.
His matter has been listed for mention on January 27.
Originally published as Court told Quartermaine was unable to make a phone call without presence of officer
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