Application by Community Corrections to cancel Ferguson’s home detention order withdrawn

A bid by Community Corrections to have Renee Ferguson’s home detention order canned has left the Chief Magistrate unconvinced. FIND OUT WHY >

Renee Ferguson

It will be “business as usual” in home detention for Renee Ferguson, after a bid by Community Corrections to cancel her order fell over in court.

Ferguson and her lawyer returned to Hobart Magistrates Court on Friday and told the court they opposed the application, first heard earlier this month.

Chief Magistrate Catherine Geason said she could not cancel the order unless she was satisfied there had been changes to Ferguson’s circumstances that left her “incapable to comply”.

“I can’t see what has changed since I sentenced her on March 1,” Ms Geason said.

“All those issues raised existed prior to (Ferguson’s) sentencing.”

Ferguson was on March 1 sentenced to an eight-month home detention order for stealing $5600 worth of cash and memberships from her employer Cricket Tasmania.

Ferguson’s lawyer said their client had not breached the order, despite its “numerous directions”, including drug testing, despite there being no suggestion that Ferguson had taken drugs.

“There is difficulties insofar that she is allergic to the cats, but has new medication she has been prescribed,” the lawyer said.

The court heard Community Corrections had three affidavits they would rely on in the application, and that Ferguson had “continually self-disclosed” to them that her circumstances had changed.

But Ms Geason wasn’t convinced, saying there was always going to be a change to Ferguson’s living location and financial situation because of the nature of a home detention order.

“ … And yes there has been issues with how she has been coping with the order, but that’s to be expected as well …,” she said.

She said if Community Corrections were going to rely on concerns for Ferguson’s mental health, that some medical evidence be provided.

The lawyer for Community Corrections said Ferguson could no longer access mental health assistance while in Tasmania, but Ms Geason said she could access a local general practitioner.

Community Corrections said because Ferguson was opposing their application, they would withdraw.

“It’s business as usual, Ms Ferguson, you’re going to have to try and make it work, thank you,” Ms Geason said.

INITIAL:

‘Concerns’ held over Ferguson’s home detention order: Court

Ferguson was sentenced on March 1 to an eight month home detention order after stealing $5600 worth of cash and memberships from Cricket Tasmania, while working as an administrative assistant at the Bellerive Blundstone Arena.

The matter was brought on urgently on Thursday afternoon before Chief Magistrate Catherine Geason, where a representative from Community Corrections said they believed Ferguson was “no longer able to comply” with her home detention order.

“... Given the change in circumstances for Ms Ferguson, particularly pertaining to her finances, employment and mental health …,” the representative said.

But there was some confusion as to whether the application was to vary or cancel the order, with the Community Corrections representative then asking for time to review their application.

Renee Ferguson at the Hobart Magistrates Court on a previous occasion. Picture: Nikki Davis-Jones

Ferguson’s lawyer told the court that her client did not support the application, describing it as “premature”.

The court heard there was “no suggestion” Ferguson had breached her order.

Ms Geason said she had “no material, before me, no affidavits, nothing” to rely on.

The Community Corrections representative said she had a “detailed pile of notes”, but that did not satisfy Ms Geason.

“You’re asking me to vary or cancel an order just a day over a week ago (since it was passed), and nothing’s before the court evidence-wise to even come close to trying to understand what this application is about,” Ms Geason said.

“I (will) stand it down; give it some thought, look at your application and consider what it exactly is you seek (to do).”

Ferguson’s lawyer said their client could still comply with the order in her current residence, but that it was a “difficult place to live” – but noted that two other residences had been approved previously on the order.

The Community Corrections representative said they did not believe the matter was “premature”.

“(Ferguson) presented with a number of concerns to us this week, mainly pertaining to mental health, and we hold significant concern about her mental health in this order,” they said.

Ms Geason adjourned the matter for date later this month.

Ferguson was bailed to appear.

Originally published as Application by Community Corrections to cancel Ferguson’s home detention order withdrawn