NT Attorney-General Marie-Clare Boothby ‘unapologetic’ over ‘nightmare’ court backlog in Darwin

The Territory’s justice system has been compared to the Titanic, as crippling arrest rates exceed police cell, court and corrections capacities.

On Wednesday Marie-Clare Boothby said she remained “unapologetic” about the impact of tough new bail changes on the justice system, as arrest rates exceed police cell, court and corrections capacities. Picture: Pema Tamang Pakhrin

The Territory’s Attorney-General has claimed record-high arrests rates were “proof the system is working” as local courts buckle under “nightmare” and “unjust” conditions.

On Wednesday Marie-Clare Boothby said she remained “unapologetic” about the impact of tough new bail changes on the justice system, as arrest rates exceed police cell, court and corrections capacities.

There were 39 recently arrested people brought before Darwin Local Court 48-hours after Declan’s Law came into effect, which revoked police’s discretionary powers to approve bail for serious violence and weapons offences, as well as the nonviolent offences of drug possession and stealing.

On Wednesday morning, lawyers told judges they were once again unable to see their clients as only 19 of the 39 recently arrested people had been brought to the court.

Judge Tanya Fong Lim was frustrated as she attempted to work through the in-custody matters, including more than eight people who were meant to have been dealt with the previous day.

“There’s people who have been put over from yesterday, who were seen yesterday by Legal Aid, and yet you can’t tell me what’s happening,” Ms Fong Lim told the duty lawyer.

In multiple hearings lawyers said they were not given all necessary paperwork, including two people who did not even have the details of their charges. Picture: Jason Walls

In multiple hearings lawyers said they were not given all necessary paperwork, including two people who did not even have the details of their charges.

Ms Fong Lim warned prosecutors that unless they could tell her the charges, she would have to release them unconditionally at midday.

One homeless man charged with assault was denied bail, despite his lawyer not being given a single victim statement, witness testimony or even body-cam footage to substantiate the alleged case.

Another woman, on theft and robbery charges, was told she would have to remain in prison after breaching her bail because her electronic monitor ran out of power.

Her lawyer said the Top End mum was living in a home without electricity, and therefore was unable to recharge her ankle monitor.

Ms Fong Lim said the woman’s history of bail breaches meant she was ineligible for release.

Territory Criminal Lawyers principal lawyer Clancy Dane outside Darwin Local Court. Picture: Zizi Averill

Territory Criminal Lawyers principal lawyer Clancy Dane said the justice system was facing a “logistical nightmare” struggling with the record number of people in custody.

“As we speak more and more people are being arrested, and less and less people are getting bail from police watch houses,” Mr Dane said.

“People are being packed in like sardines to a system that is breaking at the seams.”

Mr Dane said the already high arrest numbers were “only going to be exacerbated” by Declan’s Law, which could lead to “injustice”.

Attorney-General Marie-Clare Boothby said the bail changes were “not an easy fix” or a “set and forget’ approach”, given the interconnected relationship between cops, courts and corrections.

“We are working closely with the courts to provide the support needed to manage cases efficiently and deliver justice for victims,” Ms Boothby said.

“The CLP makes no apologies for strengthening bail laws to protect Territorians.

“Increased arrests are proof the system is working, and we remain committed to improving the system to ensure justice for victims.”

With crippling prison numbers impacting rehabilitation and education programs, Mr Dane has questioned if the current chaos would only create worse outcomes for victims.

“Nobody is saying there shouldn’t be consequences for actions,” he said.

“But we’ve got to be really careful to make sure that people who are in there, who can change, who can rehabilitate are … having pathways put in front of them that allow them to do that.”

Mr Dane said putting Territorians in overcrowded watch houses or prison cells — where they would be exposed to more hardened criminals — would just push them “down the criminal spectrum”.

“The corrections system is supposed to ‘correct’ people, and if we’re not putting measures in place (to rehabilitate) … then we’re failing the community,” he said.

NT Police have lost access to two major watch houses, in the Darwin and Palmerston cop shops, reducing their safe cell capacity from 140 people to just over 16.

Mr Dane said lawyers were also hearing about “inappropriate” conditions inside the Corrections-run watch houses, as Territorians were kept on long rotations in cells only designed for short-term stays.

Darwin Barrister John Lawrence quipped the justice system was working “just like the Titanic was: ‘unsinkable’”.

Originally published as NT Attorney-General Marie-Clare Boothby ‘unapologetic’ over ‘nightmare’ court backlog in Darwin