NT courts: NTG to propose court hearings to sit on prison property

‘All options are on the table’: The Northern Territory Government and the judiciary are at loggerheads over a plan to hold court hearings on prison grounds.

NT Chief Judge Elizabeth Morris (left) and right, Attorney-General Marie-Clare Boothby.

The Northern Territory Government and the judiciary are at loggerheads over a plan to hold court hearings on prison grounds.

Senior government and legal sources have confirmed the CLP has been working on a proposal for the Local Court to sit on the prison property, as it seeks to reduce a massive backlog in cases that is clogging courts and prisons.

The government also has concerns about the cost of escorting prisoners to court and hospital.

The plan would see the court sit on the prison grounds, but outside the main prison wall.

Sky News sent questions to the Local Court and Attorney General Marie Clare Boothby about the proposal.

Ms Boothby said an announcement was expected soon.

“We are working collaboratively with legal staff and services, courts, judges, and corrections to explore all options to streamline court processes and tackle the crime and corrections crisis left by Labor,” she said.

“All options are on the table when it comes to reforming our legal system.

“We are actively working to address demand pressure and are exploring all options, with potential announcements coming soon.”

But it’s understood Chief Judge Elizabeth Morris has indicated judges would be unwilling to hold court hearings on the prison grounds.

The Local Court did not directly answer specific questions about whether the proposal had been put to Judge Morris and rejected.

Minister Marie-Clare Boothby. Picture: Pema Tamang Pakhrin

Instead, a court spokesman said:

“It is a fundamental rule of the common law that the administration of justice must take place in open court, and open justice is one of the fundamental attributes of a fair trial,” the spokesman said.

“The rationale of the open court principle is that court proceedings should be subjected to public and professional scrutiny.

“It is also the case that the public administration of justice is essential to maintaining the community’s confidence in the integrity and independence of the courts.”

There are about 2700 people now in custody in the Northern Territory, up from about 2200 last August when the Country Liberal Party won a landslide election victory after vowing to crack down on crime.

About half of those prisoners are on remand.

Despite the judges’ resistance, it’s understood the government is still keen to pursue the plan as it tries to deal with a record number of inmates on remand and a growing overtime bill for corrections officers who are required to escort prisoners to court.

Chief Judge Elizabeth Morris. Picture: Che Chorley

Earlier this month Corrections Commissioner Matthew Varley told the NT News the overtime bill for corrections staff was $21m last financial year.

The government is also looking to better utilise the medical facilities at the Darwin Correctional Centre to reduce hospital transfers.

There is growing tension between the judiciary and the government, which has made no secret of its desire to take a hard-line approach to law-and-order issues.

During an ABC radio interview on Tuesday, Chief Minister Lia Finocchiaro publicly criticised Supreme Court Justice Meredith Huntingford over her decision to grant bail last week to a 17-year-old male charged over a home invasion in Alice Springs that left a baby with a fractured skull.

The teenager was released to attend a relative’s funeral in a remote Indigenous community at a cost to taxpayers of more than $7000, but subsequently escaped.

A police taskforce was deployed and apprehended him the next day.

Mrs Finocchiaro said bail had been opposed by the Director of Public Prosecutions and the Department of Children and Families and the judge’s decision to approve it “defies logic”.

“My job is to reflect the community’s will, it is my job to make laws that meet the community’s expectation, all I’ve said is that all laws carry a level of discretion for the judges, but I’m well within my rights to say just like everyone else that it fails to meet community expectation and ultimately people are outraged by it,” she said.

“Judges need to understand that the community will have views on their decisions and they’re the ones making the decisions, they’ve got to stand by it.”