FIVE people charged with murdering a young Burnie father are finally due to stand trial in October - two and a half years after the man died from injuries he suffered in a street in suburban Downlands.
The lengthy path to justice for him - and those charged over his death who maintain their innocence - is not an abnormality in Tasmania’s court system with many serious criminal cases languishing on lists across the State.
Law Society of Tasmania President Simon Gates said the society was concerned about the current backlog in criminal cases.
“There are simply more new cases being lodged than there are cases being finalised,” Mr Gates said.
“Anecdotal reports are that the recent appointment of Justice Tamara Jago as a seventh Supreme Court Judge, who is based in the Burnie Supreme Court, is already making a big difference.
“However, it will take time for real impact of Justice Jago’s appointment and case load to be seen.”
The Law Society is also worried about the small number of experienced criminal defence lawyers currently working in the profession.
“We are taking this situation seriously and we have implemented measures to subsidise the costs of practice for practitioners who do predominantly criminal law work in the hope that this will encourage people to practice in this area.
“We are also working closely with the Legal Aid Commission to ensure that the legal aid system is more responsive to the needs of legal practitioners who act for legally aided clients.”
There then is the case of John Oldfield Nettleton who pleaded not guilty to more than 70 child sexual abuse charges back in March, 2020.
No trial date has yet been set and he remains on remand in Risdon Prison.
The charges, laid by the Australian Federal Police, include seven counts of procuring a child to engage in sexual activity outside Australia, one of persistent sexual abuse of a child outside Australia, four counts of engaging in sexual intercourse with a child outside Australia and 21 of having child abuse material.
The family of Gabbie Marshall, who was killed in Ulverstone in June last year recently commemorated the first anniversary of her death.
Colin Drake - who was living just up the road in Main St, was charged with her murder and has entered a plea of not guilty.
Ms Marshall, 23, had recently moved in with a friend looking for a fresh start from Queensland.
Brother Casey McCarthy posted an emotional tribute to his little sister on the first anniversary of her death.
“As time passes and it now reaches one year since you were taken from this earth. It hasn’t gotten any easier,” Mr McCarthy said on Facebook.
“Everyday is a battle with everything. Just always wondering why. Just wishing I could’ve had just one more conversation with you to mend everything that happened in the years prior.
“Just one more chance to tell you that I love you. Just one more chance to have a laugh with my childhood best friend.
“I honestly miss you every single day but today we are all getting together for the one year anniversary to celebrate your life! We hope you like it.”
Speaking generally, Mr Gates said a delay in court proceedings had wide ranging impacts.
“The longer the delay you have the greater the risk that the quality of justice might be affected,” he said.
“For example, witnesses that might have been available at an earlier time may become unavailable, possibly through death or illness, or the quality of their recollection of events may be affected over time.
“A delay in court proceedings impacts on the victims and complainants who will be witnesses in the trial.
“Trials can be very stressful for complainants and witnesses and long delays before trial can make it difficult for those people and their families to get on with their lives.
“Delays in cases going to trial can also mean that many accused will be detained in remand for long periods of time before their guilt or innocence has been determined, which is far from ideal.
“That means some people who will ultimately be acquitted of the charges are spending too long in custody. “
In early June the Director of Legal Aid, Vincenzo Caltabiano, the President of the Tasmanian Bar Association, Phillip Zeeman, and Mr Gates wrote to the Chief Justice of the Supreme Court and the Attorney-General outlining a number of initiatives they think may assist in addressing the criminal case backlog.
“I understand that the Supreme Court and the Attorney-General are taking this issue very seriously and are working with the Law Society and other stakeholders to address it,” he said.
“The Attorney-General has also recently appointed additional magistrates and of course a seventh Supreme Court Judge in response to these issues.
“There have also been recent changes to the operation of preliminary proceedings and the number of criminal matters that can be heard and determined in the Magistrates Court and it is too early to properly assess the effects of these measures. However, it is certainly hoped that they will have a significant impact.”
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