Government prosecutors slammed as escaped fugitive case narrowly avoids collapse

The case against a woman accused of harbouring an escaped fugitive has narrowly avoided collapse after prosecutors failed to ensure their star witness was available, a court has heard.

‘Hearings are falling over daily’ due to failures by prosecutors the Local Court has heard.

THE case against a woman accused of harbouring an escaped fugitive has narrowly avoided collapse after prosecutors failed to ensure their star witness was available, a court has heard.

Bianca Jade Raymond faced the Darwin Local Court on Tuesday where her case was due to proceed as a hearing before judge John Neill.

But the matter will now drag on for months after the office of the Director of Public Prosecutions failed to ensure the key police witness had been summonsed to appear in court.

• Darwin barrister under investigation for foul-mouthed tirade at newspaper journalist
• Man who ‘encouraged’ mob to run woman over in car may be forced to pay her wages

Prosecuting barrister Mary Chalmers told the court she only received the brief from the DPP last week and had assumed the necessary work had been done beforehand.

Ms Chalmers said she tried to organise for the officer to appear via video link to Borroloola where he now works but the equipment had broken down and applied to have him appear by telephone instead.

But Mr Neill rejected that application following submissions from Raymond’s lawyer, John Adams, that he would be unable to effectively cross examine the man without being able to observe his demeanour.

In making his decision, Mr Neill said while Ms Chalmers’ assumption “may have been naive given the record of the DPP over the last few years” she was entitled to assume “that basic preparatory work would have been done”.

Mr Neill said such failures by the DPP and police were happening so frequently that “hearings are falling over daily”.

Mr Adams submitted that the prosecution case on the “relatively minor” offence was “not all that strong” and “there’s a public interest in just bringing these things to a finality”.

But in granting a further adjournment, Mr Neill noted that prosecutors represented the broader community whose interests had to be weighed against those of an accused person.

“The broader community has a very powerful interest in people being dealt with if they’ve broken the law,” he said.

“I’m not prepared to force the prosecution on when that (evidence) is in effect the beginning and end of their case and there is that interest.”

Amazing NT News subscription offer: Only $1 for first 28 days

The escaped prisoner at the centre of the allegation was also not brought to court to testify, which Mr Neill said “beggars belief” and asked Ms Chalmers to report back to the DPP on the proceeding.

“This matter has fallen far short of the proper standards of preparation,” he said.

Raymond will now return to court on March 23.