Since police knocked on their door early one morning and told them their daughter was dead, Michael and Pauline Hodder have been living a nightmare.
Elise Hodder died after she became trapped under Connor Mathiasson’s car while he was allegedly attempting to leave a rave in Kooyong in the early hours of October 13.
Michael and Pauline Hodder’s daughter Elise was allegedly killed by a driver who was intoxicated and driving without a licence. He was bailed two days later.Credit: Joe Armao
Two days later, the family was dealt another devastating blow.
Mathiasson, who was allegedly drunk, under the influence of drugs, and driving without a licence at the time, was granted bail. The Hodders were not given a chance to have their say in court.
“We realised we had no democratic rights, no voice,” Michael Hodder said.
The family are now part of a growing movement pushing for victims of crime to be given greater rights and influence on criminal proceedings, including the opportunity to have their say about whether perpetrators accused of serious crimes should be bailed.
On Wednesday, the state government revealed a major shake-up of its bail laws, including new provisions for youth offenders and repeat offenders.
For people who repeatedly commit serious and violent crimes while already on bail, a new test would be created in which a court must be satisfied to a “high degree of probability” they won’t reoffend. Children accused of serious crimes would be treated like adults when courts decide whether to grant them bail or release them into the community under a shake-up of Victoria’s juvenile justice system.
Under changes to the Bail Act proposed by the government, remanding youth offenders in custody would no longer be a last resort for judges and magistrates. Instead, community safety would become the “overarching principle” when deciding bail for children and adults.
Attorney-General Sonya Kilkenny said the laws aimed to reduce the risk of young people committing serious crimes while on bail. Under the new legislation, it would also be a separate crime to commit an indictable offence while on bail for both children and adults.
But the legislation is likely to face fierce resistance from civil libertarians, defence lawyers and backbenchers within Allan’s Labor Left faction.
The state’s Victims of Crime Commissioner Elizabeth Langdon told The Age she had written to Kilkenny requesting to be consulted in the bail laws review, announced just six months after new bail laws were passed.
“Having victims at the centre of all policymaking is what we know makes the best policy,” Langdon told The Age.
“I am concerned that consistently I hear from victims that they don’t feel sufficiently included in the justice system.”
Michael and Pauline Hodder with their daughter Elise.
Langdon will oversee the first major review of the Victims’ Charter, a series of legislated protections that victims say have not significantly improved the culture of the criminal justice system after 18 years of operation.
Since stepping into the role last August, Langdon said her office had been inundated with feedback, including from victims of crime, who wanted to be consulted and informed about bail decisions.
“It is concerning for people who learn after the fact that there’s been a bail decision,” Langdon said.
On Wednesday, after the Victorian government’s announcement, she added: “Any changes to bail laws should provide an opportunity to better embed the views of victims of crime in bail decisions. This includes making sure victims of crime are aware of decisions and conditions of bail.”
Victims of Crime commissioner Elizabeth Langdon.Credit: Penny Stephens
The push for victims to have a say on bail decisions and criminal proceedings is one of several reforms Langdon, a former health complaints commissioner and chief executive of the royal commission on Crown casino, is examining during her five-year term in the role.
The Victims’ Charter sets out 17 principles guiding the way that people affected by crime should be treated. These include being treated with courtesy, dignity and respect, that their needs are responded to with timely information to help them participate, and that they are safe in the court.
As reported by The Age in December, the consultation documents show the review could recommend specific entitlements for victims of sexual violence, and asks whether victims should in some cases have the right to seek an independent review of police or prosecution decisions, for example if a prosecution is abandoned.
The overhaul marks the first since the charter’s introduction in 2006, and will seek feedback from victims, their families, justice agencies and the community.
“I’ve heard stories from mothers and their children about the deep desire for women to protect their children, and how hard it’s been in some circumstances,” Langdon said.
Langdon also wants a more robust process for investigating complaints from victims of crime.
The hours after Elise’s death are forever etched in her parents’ mind.
Her mother Pauline remembers being taken into a small room at the Coroner’s Court. The body of her “loving, kind, funny and beautiful daughter”, an aspiring model whose career was about to take off, was laid out on a gurney.
Elise Hodder has been remembered as a “beautiful, caring and supportive woman”.
Pauline said every day without her daughter, who was passionate about Indigenous and disability rights, was filled with pain and grief.
“She wasn’t a kid any more, but she lived with us still, and three of us were so close … we were in each other’s lives every single day … every morning, every night,” she said.
“Elise was just the most softest, loveliest person. She had a real ear and really listened to people when they spoke to her.
“She was silly, she was goofy and kind. The pain of missing her never fades. We cry every day … it has utterly devastated us, her two brothers … all of her friends.”
Mathiasson allegedly recorded a blood alcohol reading of 0.178, more than three times the legal limit.
The 23-year-old is facing several charges, including dangerous driving causing death, driving while unlicensed, and dangerous driving causing serious injury over the incident, in which Elise’s friend was also seriously injured.
The Hodders believe there is a bias towards the rights of offenders over victims in criminal proceedings in Victoria.
“I realise jail is not the answer for everyone,” Michael Hodder said. “But in the criminal arena, victims of crime are being completely neglected.
“We should be consulted and have the right to reply in writing where decisions are being made along the process. The imbalance needs to change.”
Family violence survivor Macy Choudhury has applied for four intervention orders to protect herself and her child from an abusive partner over the years.
Choudhury, who is a social worker, now helps other survivors of violence navigate the system.
“It’s often about getting the victim-survivor from a crisis into safety, but then they get there, and nothing happens next … there is not enough ongoing supports for them,” she said.
“Victim survivors are often left wondering after the court process, was it all worth it?”
The Crime Statistics Agency revealed late last year incidents of crime had reached the highest level since records began in Victoria.
The state government was contacted for comment.
If you or anyone you know needs support, you can contact the National Sexual Assault, Domestic and Family Violence Counselling Service on 1800RESPECT (1800 737 732), Lifeline 131 114, or Beyond Blue 1300 224 636.
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