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Legislative Council - Fifty-First Parliament, Second Session (51-2)
2007-10-16 Daily Xml
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CRIMINAL COURT DELAYS

The Hon. R.D. LAWSON (15:25): I seek leave to make a brief explanation before asking the Leader of the Government, representing the Attorney-General, a question about criminal court delays.

Leave granted.

The Hon. R.D. LAWSON: In September 2005, charges were laid against Ms Wendy Utting, Mr Barry Standfield and Mr Craig Ratcliff as a result of events that occurred in early 2005. In August 2006, at the committal stage of these proceedings, Judge Marie Shaw tossed out most of the charges. However, the Director of Public Prosecutions laid ex officio indictments, and a few weeks ago Justice Nyland dismissed the application of the accused to have the charges permanently stayed. Earlier this month, a number of witnesses in the case were advised that the trial will not commence until 6 October 2008—that is, more than two years after the charges were laid and almost 2½ years after the events out of which these charges arose. This case highlights the endemic delays in our criminal courts, which have been noted by the Chief Justice and others in a number of reports. The Attorney-General has always assured this parliament that the matter of delays was in hand and that improvements were being implemented to reduce those delays. Justice delayed is justice denied, and this case clearly highlights the fact that the situation in the state has not improved. My questions to the Attorney-General and to the government are:

1. What action has the government actually taken to reduce the delays in our criminal courts?

2. Has there been assessment of the effectiveness of those measures?

3. What does the government propose to do to improve the situation?

4. Given the fact that a number of government ministers and officials are said to be witnesses in this particular case, did the government make any representation, or were representations made on behalf of the government, to have the trial of this matter deferred until October 2008?

The Hon. P. HOLLOWAY (Minister for Police, Minister for Mineral Resources Development, Minister for Urban Development and Planning) (15:28): I am sure that the Hon. Robert Lawson is well aware that a review of the criminal justice delay issue was undertaken within government. I will refer the questions to the Attorney-General and bring back responses on how the findings have been implemented and what results are available to evaluate the findings of those reports.

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