Alleged rioters to argue insufficient evidence to continue case after 9 months of court proceedings

LAWYERS for a group of prison inmates jointly charged over their alleged involvement in a riot at the Darwin Correction Centre last May are set to argue that there isn’t enough evidence for the matters to proceed to the Supreme Court, as frustration grows over the lagging court proceedings.

The Darwin Correctional Precinct, Hotlze, has been subject to a riot in 2020 causing extensive damage, estimated in the region of 40 million dollars. Picture: Che Chorley

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LAWYERS for a group of prison inmates jointly charged over their alleged involvement in a riot at the Darwin Correction Centre last May are set to argue that there isn’t enough evidence for the matters to proceed to the Supreme Court, as frustration grows over the lagging court proceedings.

Out of 21 men charged over the riots on May 13, 2020, the majority are still on remand, with the prosecution telling the court they are still awaiting forensic evidence and statements from police and corrections.

The court heard lawyer for the Northern Australian Aboriginal Justice Agency (NAAJA) Marty Aust is set to lead a legal showdown next month, arguing that there is not sufficient evidence to identify which defendant did what during the riot, and therefore, not sufficient evidence for the case to be committed to the Supreme Court.

Appearing for alleged rioter David Risk in the Darwin Local Court on Wednesday, NAAJA lawyer James Stuchbery said the patience he and his clients had for the lagging prosecution case had “really worn thin.”

“We’re going on over nine months now that this has been going on,” Mr Stuchbery said.

“This really just can’t keep going on in this fashion.

“The nominal release dates are fast approaching (for their original sentence).”

Alleged rioters Risk, Sylverio Gilbert, Bruce Impu, Ernest Mulkatana, Shane Noble, Xavier Nundhirribala, Clinton Price and Kieran Webster will all return to court on March 10 for general and then individual submissions about the lack of sufficient evidence.

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It comes after the NT News reported last week that the Department of Corrections was warned inmates could escape for their cells and climb onto the prison roofs in November 2019.

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