Top judge calls for Victorian prisoners to be freed amid coronavirus crisis
One of Victoria’s top judges has joined calls to free some of the state’s prisoners before the coronavirus hits those in custody. Here’s why Justice Lex Lasry says a mass release is likely inevitable.
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One of Victoria’s top judges has joined a push to release some prisoners from custody amid the coronavirus outbreak.
Supreme Court Justice Lex Lasry said Corrections and the Andrews government would need to consider such a move if the virus spreads into the prison system.
“Once that occurs … it is overwhelmingly likely that the prisons will be locked down in a way that will make time in custody very difficult for all prisoners,” Justice Lasry said.
“In my opinion, it is going to be necessary to recalibrate the status of those in custody to determine who should be retained in custody and whether any others should be released.”
He made the remarks as he freed another accused drug trafficker on bail due to COVID-19 causing unprecedented delays in Victoria’s justice system.
Adam McCann was set to face a County Court trial in May charged with drugs and firearm offences following an undercover police sting.
He has been on remand since his arrest on January 29, 2018.
But Mr McCann was released back into the community this week after Lasry said he would unlikely face trial until next year.
“In order to confront the public health emergency of COVID-19, the normal operations of all levels of Victoria’s courts have been substantially delayed and interfered with,” Justice Lasry said.
“Trials and committals have been postponed indefinitely.
“The prospect of cases, such as Mr McCann’s trial, being heard within a reasonable time are very low indeed.
“The effect of that delay is achieving significance in applications of this kind.”
Many remanded accused who face lengthy delays in their cases are expected to apply for bail in coming weeks.
It was Mr McCann’s third attempt at bail, being refused twice before, the most recent just last month when County Court judge Mark Gamble deemed him too high a risk of continuing to offend if released.
Justice Lasry said if not for the pandemic, ordinarily a man with such serious allegations combined with “a significant” prior criminal history might have been refused bail.
Mr McCann’s rapsheet, he said, dated back to 2014, and included convictions for making threats to kill and assault as well as offences related to property, driving, dishonesty, weapons, and drugs.
He also has multiple bail offences and breaches of court orders.
Last week, in similar circumstances, Justice Lasry granted bail to Samantha Broes after her lawyer argued coronavirus was likely to send the prison system into lockdown.
Ms Broes, 32, had only a month earlier been refused bail after police allegedly found cocaine, cannabis, and drug-laced gummy bears in her Ballarat home in November.
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