Court schedule washout
Delays expected to last for months as case backlog builds
THE flood catastrophe is expected to significantly impact Townsville’s already strained court system for months to come after it was forced to shut up shop for more than a week.
Townsville Magistrates, District and Supreme Courts, including specialist courts, were forced to shut from February 1 due to the significant weather event. The building officially reopened yesterday. Magistrates Courts in Ingham and Palm Island were also forced to shut for two days last week.
Justice David North, sitting in the Townsville Supreme Court, said a number of cases that had hearing dates in the first half of 2019 would have to be moved.
He also vacated all trials set for today as he foreshadowed a significant portion of any jury panel would likely reside in flood-affected areas and would have “genuine reasons” to excuse themselves from jury duty due to the recovery effort
Justice North said the minds of jury members would inevitably be “elsewhere” during this difficult time.
Already a jury has been discharged in the trial of a man allegedly involved in the murder of Charters Towers man Michael Mccabe.
Jason Douglas Taylor pleaded not guilty to the murder of Mr Mccabe which occurred on or about August 15, 2015, and had been on trial since January 29. Townsville Magistrates Court handles nearly 6 per cent of all criminal charges laid in Queensland, according to its most recent annual report.
President of the Townsville District Law Association Mark Fenlon said a backlog would be inevitable.
“There would have been trials and long pleas of guilty that have had to be delisted,” he said.
“How long that (backlog) would take (to clear) I have no idea.”
Mr Fenlon said it is likely an entire week of matters will be slotted in to the existing timetable over the next few months to make up for lost time, resulting in significantly higher workloads.
He said the TDLA was working closely with the Queensland Law Society and Law Council of Australia on how to best mitigate the impact of the floods on law practitioners.
QLS president Bill Potts said there would be a knockon effect for months.
“Not merely on the courts but also on the practitioners that have to appear and are working their hardest to see justice,” he said.
“The defendants, the juries, the victims of crime . . . often a delay in courts means a delay in justice.
“That’s the thing about justice: it can’t be swift, there is going to be an invariable delay.”
Both men said it would not be possible to tack on an extra week of court sittings nor would adding extra magistrates help.
A spokesman for the Office of the Chief Magistrate said additional magistrates will be provided to the Townsville Magistrates Court as required with the aim to clear the backlog “as quickly as possible”.
The Supreme and District Courts were approached for comment.
THAT’S THE THING ABOUT JUSTICE: IT CAN’T BE SWIFT, THERE IS GOING TO BE AN INVARIABLE DELAY.
BILL POTTS