Defendants and survivors hit by Covid delays in Tasmanian justice system

Prisoners are being forced to “languish on remand” while victim-survivors face even more interminable delays as Covid strains Tasmania’s justice system.

DELAYS in Tasmania’s justice system due to Covid are impacting defendants and victim-survivors, many of whom have already waited lengthy periods for their matters to be finalised, lawyers say.

While it is accepted the delays are outside the control of the legal system, lawyers have raised concerns about the toll the long delays are taking on their clients’ mental, physical and financial health.

Some of the major matters in Tasmania’s legal system hampered by Covid delays include the upcoming Commission of Inquiry into the Tasmanian government’s responses to child sexual abuse.

Hearings were due to begin in February, but have now been pushed back to May.

Jury trials have been suspended until at least mid-March in a bid to “avoid chaos” and prevent jurors from being exposed to the virus, while some coronial inquests have also been delayed.

Prisoners awaiting trial are being forced to “languish on remand”, according to Greg Barns SC, CEO of the Tasmanians Prisoners Legal Service.

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“The backlog of trials and the general delays that are caused now by cases where witnesses have Covid or an accused has Covid, these have ongoing ramifications for prisoners because it means they languish on remand much longer than they should,” he said.

“It also further manifests in the prison system itself being overcrowded, with a lot of lockdowns and no visits allowed other than online visits, so that it makes the prison system worse.”

Mr Barns said Tasmania should look afield to jurisdictions interstate or overseas that allow early release for prisoners nearing the end of their jail terms.

He also said courts should allow bail where possible, “taking into account that being in prison at the moment is exceptionally difficult and oppressive”.

Lawyer Sebastian Buscemi, who is acting for a number of historic child sexual abuse survivors, said while the delays were causing disappointment, that was being “offset by optimism”.

He said victim-survivors had faith the Commission of Inquiry was “committed to doing a good job” and was “on top of all the issues”.

“There’s a natural concerns around these delays from survivors because Tasmania has this long history of inaction and saying they’re going to do things that they never do or drag out,” he said.

“But I think in this situation, people understand that Covid is an issue. I think it’s quite clear that the commission has a really firm grasp of what it needs to be looking at.”

Mr Buscemi said he and a number of survivors had already met with commissioners and “uniformly they’ve been positive experiences for those involved”.

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