Ditching lawyer leads to disorder in the court
While lawyers are notoriously pricey, there are a number of affordable legal services, principally the Government’s Victoria Legal Aid, and the independent (but heavily reliant on government funding) Community Legal Centre network.
VLA executive director for the Barwon region Katie Miller said it was important people investigated their legal options before fronting court.
“Everyone is entitled to represent themselves in court. Having said that, a lawyer representing an accused person in a trial can help the case to run more smoothly and fairly, which ultimately is in everyone’s interests — victims, witnesses, the courts and the accused person,” Ms Miller said.
“In our experience, cases where the accused person is represented are usually shorter in duration and avoid unnecessarily delays. This can help to make sure witnesses and the alleged victim are not retraumatised by the court process.
“Lawyers do this because we understand how the court system works and what makes a fair, efficient trial. We guide people through what is often a complex and stressful process and we can examine witnesses fairly while ensuring that the judge gets the information they need to make their decision.”
Melanie Poole, from Victoria’s Federation of Community Legal Centres, agreed those who didn’t have a law degree were at a “significant disadvantage” representing themselves in court.
“At the core of what community legal centres stand for is the belief that everybody has the right to a lawyer,” she said.
But she added there was a battle to fund those services appropriately.
“In Australia people generally believe in the right to public education and public health care but for some reason access to legal representation doesn’t have such strong support,” Ms Poole said.
With their services in high demand, the state’s CLCs are forced to turn away about half the people who come to them for help.
That has forced the service to devote its attention to the most needy clients. But still the service was threatened with a major funding cut last year.
Despite being stretched, Ms Poole said the community legal centres had advice lines and other means of providing support to people needing a lawyer.
Despite his obvious — and understandable — frustration, Judge Chettle showed remarkable patience and restraint with Alex Boros in Geelong this week.
Just last year, Judge Chettle was in the headlines after a fellow judge took the rare step of publicly questioning his courtroom demeanour and interactions with another difficult, self-represented defendant.
The Supreme Court’s Justice Kevin Bell noted an “aggressive” tone to Judge Chettle’s dealings with Vasilios Kyriazis, saying the argument between the men was “unseemly” and “seem to me not to be judicial”.
But, as Alex Boros showed this week, some people just don’t play by the rules when they come to court.
They have the right to defend themselves, and if — like Alex Boros — they are facing indictable charges, they have the right to demand their case be decided by a jury, whatever the cost.
Footnote: Vasilios Kyriazis’ appeal on the matter heard by Judge Chettle has yet to be heard in the Supreme Court. Alex Boros will return to court for sentencing on May 3.