Police ‘outside the law’

TASMANIA Police’s system of disclosing information to people charged with crimes “operates outside the law”, the state’s Deputy Chief Magistrate has said.

Michael Daly made the comments during a mention of a drink driving case in the Hobart Magistrates Court yesterday.

Glenn William Haas, 51, of Seven Mile Beach, is charged with drink driving at Trial Harbour on October 15 last year.

Mr Haas’s lawyer, Craig Rainbird, told the court his office had received some documents from police but was told by a disclosure officer in an email on October 10 that there were “further documents to disclose” but that “we haven’t got to disclosing them yet”.

“I infer that’s because the [court] date was too far away,” Mr Rainbird said.

Mr Daly said the nature of the police disclosure system in Tasmania was “bizarre”.

“My view about the police disclosure system is that it operates outside the law,” he said.

He asked the police prosector to provide the documents relating to Mr Haas as soon as possible, which the prosecutor agreed to do. Mr Haas will return to court in February.

Responding to Mr Daly’s comments in a statement yesterday, Tasmania Police Assistant Commissioner Richard Cowling said: “Tasmania Police meets all legislative requirements in relation to disclosure of information. Every attempt is made to disclose information in a timely manner.”

Australian Lawyers Alliance Tasmanian president Fabiano Cangelosi said the approach to evidence disclosure in the state was “contributing to a failing court system”, with cases being mentioned time and time again because of disclosure delays.

“When you don’t know what the case against you is, it’s difficult to know what plea you’re going to be entering,” Mr Cangelosi said.

He said the delays were not only unfair to defendants, but also unfair to victims.

The alliance has also criticised the practice of Tasmania Police charging defendants fees to view the evidence of their criminal and traffic charges. Defendants who are not eligible for Legal Aid have to pay $53.90 per offence they are charged with to see the full set of statements and other evidence relied upon by police.

Michael Daly