Darwin Judge John Neill slams prosecutors after woman given days notice before her alleged abuser’s hearing, causing charges to be dropped

An alleged strangler had charges against him dropped after prosecutors failed to contact his alleged victim until just days before the hearing.

A Darwin judge has savaged Territory prosecutors for failing to protect an alleged domestic violence victim after unexplained delays meant her strangulation case was thrown out of court with charges dropped against a 40-year-old man.

Prosecutors were forced to withdraw four charges against Desmond John Roberts, 14 months after they alleged he strangled his partner on July 26, 2022.

The alleged abuser was ready to contest the aggravated assault and choking charges on Tuesday, but prosecutor Daniel Warner Collins told Darwin Local Court the alleged victim was not ready to appear as a witness.

Mr Warner Collins told Judge John Neill despite the hearing date set four months ago, a summons notice was only given to the Katherine-region woman on September 11 — eight days before the hearing.

He asked for an adjournment, but Mr Neill rebuffed it and said the attempts to contact her were “unacceptably too late”.

“How can that be regarded as a timely effort?” Mr Neill said.

Prosecutors were forced to withdraw four charges against Desmond John Roberts, 14 months after the 40-year-old allegedly strangled his partner on July 26, 2022. Picture: Jason Walls

“That is ridiculously inadequate time to issue a summons, locate the witness and bring that witness to court.

“(It’s) a waste of everybody’s time.”

Mr Neill said no witness could be “obliged” to attend court with only a week’s notice, particularly as she would have to travel hundreds of kilometres to Darwin at short notice.

In pushing for an adjournment Mr Warner Collins argued the alleged victim had “a right to know that her matters are up in court”, but the judge said it was the Crown who had failed her.

“The prosecution has taken no steps to protect this woman,” Mr Neill said.

Mr Warner Collins said the Maranboy Police Station was in contact with the woman this week, but he was unable to confirm what other steps were taken to help her.

The prosecutor said the failure to co-ordinate the witness was “a matter of workloads”, but Mr Neill said this was “entirely irrelevant”.

Mr Neill said there were resourcing issues with the police, courts, free legal services and the prosecution, but that was “no argument for a failure to start putting the wheels in motion”.

“It is up to the government to ensure that the arms of the executive and administrative actions are properly resourced,” Mr Neill said.

He also criticised the increasingly lengthy delays facing local court hearings, which often sap an alleged victim’s determination to give evidence — particularly in domestic violence cases.

The four charges were withdrawn, but the court heard there was a second set of allegations of Robert’s offending against the same woman due to appear on Friday.

Originally published as Darwin Judge John Neill slams prosecutors after woman given days notice before her alleged abuser’s hearing, causing charges to be dropped