Coronavirus crisis expected to create major judicial system delays

Major backlogs are expected in Tasmania’s already overburdened court system with jury trials suspended for four months.

THE Supreme Court of Tasmania has announced it will suspend jury trials for at least four months due to the coronavirus crisis.

Jurors who have been summonsed to court in Hobart, Launceston and Burnie have been advised they are no longer required, with trials now put off until at least July 21.

Earlier this week, the Supreme Court announced trials would be delayed for one week until March 23, but have now changed their stance given “the level of public alarm about coronavirus”.

SUPREME COURT HALTS JURY TRIALS AMID CORONAVIRUS CRISIS

“If jury trials went ahead, there would be a danger of jurors being distracted by concern about their health and safety,” a statement issued on Wednesday afternoon said.

“Many people required for jury trials would be unable or unwilling to attend court, including busy health professionals, lawyers and witnesses with compromised immune systems, other vulnerable individuals, and people required to self-isolate.”

The registries will remain open, and judges will continue to deal with pleas of guilty, bail matters, appeals, pre-recording of evidence and civil cases.

The Magistrates Court of Tasmania announced earlier this week it will continue with listings, but requested attendees use hand sanitiser and observe social distancing techniques.

Tasmania’s already overburdened courts are currently proceeding with their listings as normal, despite a one-week delay in Supreme Court jury trials.

But if government health recommendations change, numerous major cases could be delayed this year including Sue Neill-Fraser’s second appeal hearing, which is scheduled to begin on May 25.

Other matters that could be affected include the Mt Lyell mines death inquest, due to begin on May 15, and the July 1 hearing for German tourist Friedrich Kurt Burkhardt, who has pleaded not guilty to causing the death of a 59-year-old Huon Valley man by negligent driving.

Sue Neill-Fraser’s second appeal hearing could face more delays.

Australian Lawyers Alliance Tasmanian president Fabiano Cangelosi said Tasmania’s judicial system “could be very badly disrupted by the virus”.

“We can’t really say how long trials may be suspended for, because no one has a clear view of how the situation will develop, but it is potentially going to be a long time,” he said

“We have a large number of people on remand who are awaiting trials that may now be postponed.”

He said the system was already overburdened, with delays complicating efforts to “clear the backlog”.

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Australian Lawyers Alliance Tasmanian president Fabiano Cangelosi says coronavirus could badly disrupt the state's already overburdened judicial system.

Mr Cangelosi said the Tasmanian Criminal Code could be amended so defendants could have trials with judges alone, rather than with juries.

He also suggested the Justices Act be amended to allow police to issue bail consent letters so defendants wouldn’t have to attend court for non-urgent, minor matters.

Law Society of Tasmania president Crystal Garwood said courts and tribunals needed to “embrace technology wherever possible to protect public health and safety” with more telephone and video links.

“The difficulty is there’s already backlog in the system so if we’ve got people being detained longer, we’ll be having more bail applications and more delays in the system,” she said.

Currently, the Supreme Court of Tasmania is continuing normal listings, but has delayed new jury trials until March 23.

The Magistrates Court of Tasmania is continuing its listings as normal, but requires all attendees inside the court to use hand sanitiser and to maintain social distances.

Other major cases due to come through Tasmania’s judicial system this year, but that do not have dates yet, include the case of a 16-year-old boy charged over the death of Taroona man Reid Ludwig, the Margaret Otto murder appeal, the Hobart Rivulet collapse case and the inquest into the Flinders Island death of Robert Charles Mansell.

The trial of former Hobart doctor Stephen John Edwards, who has pleaded not guilty to murdering his elderly mother at Sandy Bay by administering a drug, has already been postponed from its expected starting date on Monday.

A Department of Justice spokesperson said on Tuesday that the Magistrates and Coroners courts proceedings had so far not been affected, and that the Supreme Court registrar would provide updates when necessary.