NT Supreme Court justice considers delaying Kyle Lyons’ trial due to Legal Aid service cuts
A homeless Darwin man accused of robbery risks facing a ‘manifestly unfair’ Supreme Court trial without a lawyer after justice service cuts.
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A homeless man with less than $1 in his bank account risks going unrepresented in his upcoming Supreme Court trial due to Legal Aid service cuts.
On Tuesday the Supreme Court was told Kyle Jon Lyons, 36, would be the first victim of the NT Legal Aid service withdrawals.
This month NT Legal Aid announced due to resource pressures that from January 1 next year it would stop accepting new adult clients, cut all remote court services, and critically withdraw from all adult trials and hearings.
Defence barrister Brooke Houen told Justice Jenny Blokland due to Legal Aid terminating Mr Lyon’s funding, she was unable to continue representing him, just 10 weeks out from his January 6 trial date.
Mr Lyons has spent more than 200 days on remand after being charged with burglary, aggravated robbery and theft as part of alleged domestic violence related offending on April 6.
Justice Blokland heard since Mr Lyons was unable to afford a lawyer or run his own legal defence, his imminent trial date should be delayed and he should be released on bail.
Ms Houen estimated it cost between $45,000 and $75,000 to run defence in a Supreme Court jury trial — an impossible expense for the “essentially homeless man” with $1 in his bank account, excluding Centrelink payments.
“Unfortunately in the circumstances, it’s not realistic or economically viable to continue to act in matters where Legal Aid has been withdrawn,” she said.
Ms Houen said it would be “manifestly unfair” to expect the Darwin man, who dropped out of school in grade 9, to navigate a defence.
“The Territory without Legal Aid funding is a scary place for defendants like Mr Lyons,” she said.
“They’re against a system that is essentially trying to strip away their legal right to legal representation and their ability to have a fair, fully defended trial.
“Forcing these defendants … into trials without Legal Aid would be punishing them for their socio-economic status and their vulnerability.”
Justice Blokland said despite the ticking clock, she was hopeful a funding arrangement could be made to restore the Legal Aid services ahead of the 2025 New Year’s deadline.
However both defence and prosecution said the Legal Aid funding question was unlikely to resolve, with Ms Houen saying even if there was a ‘miraculous’ change it would take weeks for Mr Lyons’ new application to be approved.
The barrister warned applications to adjourn trials and seek bail would become the “norm” of the legal profession in the NT ahead of the cuts.
Prosecutor Kate Nichols took a neutral position on the stay application for the trial, but opposed his bail.
Justice Blokland, who said in the previous hearing she was leaning against Mr Lyons’ release, said the ambiguity around his trial date put weight behind his bail application.
Mr Lyons wiped away tears and looked to his father in the court gallery as his bail was approved.
She adjourned her decision on the trial stay application until November 28.
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