Prosecutors forced to drop robbery charge against teenage burglar after ‘outrageous’ delays

PROSECUTORS have been forced to drop a robbery charge against a teenager who allegedly held up a service station after ‘outrageous’ delays by Director of Public Prosecutions lawyers

Prosecutors have been forced to drop a robbery charge against a teenager who allegedly held up a Puma service station.

PROSECUTORS have been forced to drop a robbery charge against a teenager who allegedly held up a service station after “outrageous” delays by Director of Public Prosecutions lawyers.

The 15-year-old, who cannot be named, pleaded guilty in the Youth Justice Court to burglarising Crocodylus Park after judge Elisabeth Armitage dismissed the robbery charge last week.

Crown prosecutor Kylie Benson had applied for an adjournment so police could review CCTV footage of the incident before the case could be committed for trial in the Supreme Court.

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“I’ve spoken to police a number of times and my understanding is they’re attempting to have someone who knows the young person watch the CCTV from the Puma service station and identify (the boy) if possible,” she said.

But his lawyer, Koulla Roussos, complained that prosecutors had already been granted so many adjournments her legal aid funding had run out and she was now working for free.

Ms Roussos said the delays were “coming at the expense of the private profession” and “it’s not on”, saying “everyone in here gets paid except (defence counsel).”

“We turn up again and again and again, there’s adjournment applications and we’re meant to grin and bear it,” she said.

“We can’t apply for costs orders because there’s an arrangement between the Legal Aid Commission and the DPP.”

Ms Armitage said she agreed “that the adjournments are outrageous”.

“If it’s not ready, people need to come to court early enough, identify the issues and say ‘No, we’re getting additional statements’,” she said.

“Don't send (a summary prosecutor) down to do a (committal) on the 7th of December when the evidence is clearly deficient, which is what happened.

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“He was valiantly trying to progress the matter and wasn’t able to.”

Ms Roussos said she had raised the issue with the Legal Aid Commission, the Law Society and the Bar Association and “everyone expects us to grin and bear it”.

Police can now relay the charge once the evidence is in, at which point the whole process would start again from scratch.

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