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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-06-16 Daily Xml
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CRIMINAL TRIALS

The Hon. R.D. LAWSON (15:27): I seek leave to make a brief explanation before asking the minister representing the Attorney-General a question about delays in criminal trials.

Leave granted.

Members interjecting:

The PRESIDENT: Order!

The Hon. R.D. LAWSON: Glenys Heyward was found murdered on or about 21 July 2007. Later that year, in December, her erstwhile domestic partner, Neil Heyward, was charged with her murder, along with two of his sons and a further co-accused. Mr Heyward had been taken into custody in December, after attempting suicide. In March of this year, one of the co-accused was relieved of all charges, but two of the accused have been in custody since their arrest in December 2007.

It was reported on 6 June this year that Neil Heyward had hanged himself in his cell in the Port Augusta Prison. It was also revealed that he was not expected to stand trial until next year, meaning that Mr Heyward would have been in custody for all of 2008 and 2009, still not having had his case determined or resolved. It is generally acknowledged that delays in criminal trials affect very seriously the life of witnesses who might have to give evidence, as well as police and victims or, in the case of homicide, the families of victims. No doubt there will be a coronial inquest into the death of Mr Heyward, and the role played or not played by the correctional services department will be there examined, and I will not touch upon it. My questions are:

1. Does the minister agree that a delay of two years between arrest and trial is unsatisfactory?

2. What is the cost of the long delay in the trial of this particular offence?

3. What action will the government take to reduce the delays in criminal trials, given the fact that it is acknowledged in the Supreme Court judges' latest annual report that 7 per cent of cases are not dealt with within 24 months of notification?

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Small Business) (15:30): I will refer the honourable member's questions to the Attorney and bring back a reply.

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