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Mildura Magistrate Patrick Southey says bailing Shaniqua Kirby Wightman was ‘stupidest decision’ of his career

A magistrate says giving bail to a Mildura crook who then made a “mockery of the court” was the “stupidest decision” of his career, as he considered an appeal bail application by the same woman.

Kirby Wightman fronted the same magistrate who sentenced her to three months behind bars after he had given her a chance on bail. Picture: Generic
Kirby Wightman fronted the same magistrate who sentenced her to three months behind bars after he had given her a chance on bail. Picture: Generic

A magistrate says giving bail to a Mildura crook who then made a “mockery of the court” was the “stupidest decision” of his career, as he denied her appeal bail.

Shaniqua Kirby Wightman fronted Mildura Magistrates’ Court seeking appeal bail after she was sentenced to three months in prison for theft, burglary, intentionally destroying property and obtaining property by deception.

The court heard she had hoped to be bailed to her mother’s address at Richmond’s notorious housing commission flats, previously described as “worse than prison”.

Among Kirby Wightman’s string of offences was a brazen robbery at Spotlight on 15th St, where she stole two iPhones, a money tin and a staff member’s bank card — all less than 24 hours after she was granted bail. The entire theft was caught on CCTV.

Magistrate Patrick Southey said granting the accused bail was the stupidest, or at least the bravest, decision he’d made as a magistrate
Magistrate Patrick Southey said granting the accused bail was the stupidest, or at least the bravest, decision he’d made as a magistrate

Her lawyer, Peter Delorenzo, conceded his client was a bail risk but argued she should not be written off.

“Is she a risk? Yes. But is she a complete lost cause? I don’t think so, your honour,” Mr Delorenzo said.

Police prosecutor Kristen Simm opposed bail, describing her as trapped in a cycle of reoffending.

“It’s a cycle where she gets sentenced, gets appeal bail, and then offends again,” Ms Simm said.

The court also heard Kirby Wightman’s mother had accumulated hundreds of warrants and more than 900 charges of her own.

Magistrate Patrick Southey, who previously bailed Kirby Wightman before her latest offending, conceded the decision had backfired.

“Granting Kirby Wightman bail was the stupidest, or at least the bravest, decision I’ve ever made as a magistrate,” Mr Southey said.

Kirby Wightman was denied appeal bail and will now await her appeal hearing in the County Court behind bars. Picture: Generic
Kirby Wightman was denied appeal bail and will now await her appeal hearing in the County Court behind bars. Picture: Generic

“I am familiar with Ms Kirby Wightman. She implored me to give her a chance, and I did, and she blew it immediately. She made a mockery of the court.”

Kirby Wightman buried her head in her hands as it became clear she would remain in custody.

“I am troubled about refusing bail, but there are other avenues you can explore,” Mr Southey said.

“The risk of serious reoffending is completely unacceptable. There are no bail conditions that can ameliorate it to a satisfactory level. I am not prepared to take that risk.”

Kirby Wightman will remain in custody awaiting her County Court appeal hearing, likely in September.

Original URL: https://www.heraldsun.com.au/leader/mildura/mildura-magistrate-patrick-southey-says-bailing-shaniqua-kirby-wightman-was-stupidest-decision-of-his-career/news-story/e3dd0d9142da6e28fc78d8ff42ba6044