High-profile criminal trials delayed by Covid

Murder trials and a case involving one of Victoria’s top racehorse trainers are facing major delays as Covid causes chaos in the justice system.

Some of Victoria’s most high-profile criminal trials are among cases taking years to get to court amid a major legal logjam caused by Covid.

Trials for the Love Machine murders, top racehorse trainer Darren Weir and the accused killer of Phillip Island woman Samantha Fraser have still not run, more than two years after charges were laid.

A recent court hearing was told it could be 24 months before charges against an accused high-level drug trafficker were heard.

The state’s supreme and county courts remain virtually closed to criminal jury trials amid the latest lockdown.

Magistrates courts are also swollen with unresolved matters, despite the appointment of more key staff and the widespread use of online hearings.

There are delays to the case involving racehorse trainer Darren Weir. Picture: Jay Town

As of September 20, a staggering 104,980 criminal matters were pending across the state, compared with the pre-pandemic caseload of about 70,000.

Senior barrister Paul Holdenson QC said the impact of the delays was being felt by all involved in the court process, particularly those waiting for trial by jury.

Mr Holdenson said he would not be surprised if the time between charges being laid and a matter reaching trial had doubled since the start of the Covid pandemic.

“We do not at present know just when we will be able to get into the backlog,” he said.

“I don’t know when trials will recommence. It’s been some months since any jury trial commenced in the city.’’

Mr Holdenson said some accused people who wanted to contest their charges were either being released on bail in scenarios where previously they would remain in custody, or languishing in jail for years before they would get their day in court.

“Some of those facing serious charges are getting bail these days, who once upon a time wouldn’t have got bail, because of the delays,” he said. “And if you happen to spend years in prison only to be acquitted, well it’s bad luck.’’

Trials for the Love Machine murders have been delayed due to Covid. Picture: Wayne Taylor

Mr Holdenson pointed out the delays were taking a toll on victims of crime, witnesses and relatives on both sides of the fence.

“Many victims are grateful when the case is resolved and they can put their suffering behind them,’’ he said.

He said it was vital all parties involved in court proceedings get back into courtrooms for “in person” hearings as soon as possible so that justice was not just done but seen to be done.

Mr Holdenson said the in-person hearings were also more efficient and allowed real engagement between those involved.

A Victorian Supreme Court spokesman said remote hearings had minimised the load of the state’s serious cases during all levels of restrictions.

Law Institute of Victoria president Tania Wolff said the pandemic had tested the justice system.

“Backlogs in court lists and delays in jury trials means that many people cannot have their matters resolved quickly,” Ms Wolff said.

Adrian Basham is accused of killing Samantha Fraser (pictured) but his trial has been delayed.

She said a $210m cash injection by the Victorian government announced earlier this year had allowed for the appointment of more judicial officers and registrars to shoulder the case load.

“However, the impacts of the pandemic will be felt for a long time across the sector, and the government, courts and profession need to work together to look at a raft of measures, including expanding diversionary measures, to ensure that justice continues to be accessible for all in our community,” she said.

As at August 2021, there were 5384 criminal and civil matters pending in the Supreme Court, including the Court of Appeal. That’s an increase of about 5 per cent since March 2020.