Victoria gives green light to judge-only criminal trials
Victoria will hold its first judge-only criminal trial to help cope with the fallout of the coronavirus pandemic, after hundreds of accused were left in limbo.
Police & Courts
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Victoria’s first judge-only criminal trial has been given the green light in a bid to keep the wheels of justice moving.
County Court Chief Judge Peter Kidd granted the state’s first application for an accused to be tried by a judge, without jury.
The landmark ruling comes after emergency legislation was rushed through parliament in April to deal with the fallout of the coronavirus pandemic.
Jury trials were suspended indefinitely in March over health concerns with hundreds of cases vacated and accused waiting in limbo.
Lionel Combo was set to face trial by jury on May 25 over an alleged attempted armed robbery in February last year.
Combo was among the first to apply for his trial to be fast-tracked and heard before a judge-only – a request supported by both prosecution and defence counsel.
Chief Judge Kidd approved the application today citing a number of reasons why his matter should be heard without further delay.
“Not knowing what his fate will be in respect of these charges and therefore what sentence he may receive, and when he will ultimately be released from prison, weighs heavily on the accused,” Chief Judge Kidd said in his written reasons handed down this morning.
The decision paves the way for further trials to proceed without jury – bringing Victoria in line with other mainland states who already have judge-alone trials.
The state government introduced the COVID-19 Omnibus (Emergency Measures) Act 2020 in mid-April to allow the unprecedented measures needed to keep justice moving.
“It is not in the interests of justice that accused persons, particularly those in custody, must wait for excessively long periods to come to trial,” Chief Judge Kidd said.
It comes as a Supreme Court judge revealed last week the court was hopeful trials could resume sometime after the mid-year break in July – much earlier than previously anticipated.
The Herald Sun understands the courts are quietly confident trials will resume before the end of winter.
There were initial fears trials could be held off as late as 2021 with delays stretching up to three years in some cases.
A Supreme Court spokeswoman said the courts had been working together to see how they could safely resume trials.
“That planning includes making sure they can accommodate physical distancing requirements and have spaces in which jurors, in particular, feel safe and comfortable,”
“The courts will be consulting with the legal profession and others in relation to those arrangements and restarting in a measured way,” the spokesperson said.
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