SHORT ARM OF THE LAW
Funding gap leaves prosecution of alleged criminals in limbo
AUTHORITIES could soon be left unable to prosecute a “significant” number of alleged criminals in far flung parts of the Territory, as cuts to the Northern Territory’s legal sector come home to roost, a court has heard.
Earlier this year, the Northern Territory Legal Aid Commission stopped sending defence lawyers to remote communities because of budget constraints.
AUTHORITIES could soon be left unable to prosecute a “significant” number of alleged criminals in far-flung parts of the Territory, as cuts to the Northern Territory’s legal sector come home to roost, a court has heard.
Earlier this year, the Northern Territory Legal Aid Commission stopped sending defence lawyers to remote communities because of budget constraints.
Most alleged criminals in remote communities are represented by the Northern Australian Aboriginal Justice Agency, but lawyers from that agency are unable to act for some defendants, even if they are Aboriginal, because of conflicts of interest.
In Nhulunbuy on Tuesday, an unemployed 18-year-old man accused of committing serious property offences applied for a “stay” on the prosecution against him, which, if successful, would mean authorities could not be able to prosecute him unless the government pays for a lawyer.
The Australian courts have for nearly 30 years recognised that people accused of serious offences should have a lawyer as a part of the right to a fair trial.
Barrister Matthew Littlejohn, who is not being paid for his limited involvement in the case, argued on Tuesday the man is “demonstrably, a young man without resources of his own”.
“He … does not speak English at a level adequate to con
“All Territorians have a right to justice”
NATASHA FYLES ATTORNEY- GENERAL
duct his own legal proceedings,” Mr Littlejohn said in written submissions to the Nhulunbuy Local Court.
There are no private lawyers who practise in Nhulunbuy or who regularly travel to the region and Mr Littlejohn said the case would be “unfair to the accused” if he has to represent himself.
The Legal Aid Commission has offered to give the man advice over the phone, which Mr Littlejohn said would not be “appropriate or suitable for the accused and cannot be of reasonable use in the defence of this matter”.
NT Legal Aid director Suzan Cox QC used her organisation’s annual report last year to say she was “hopeful” both the Territory and Federal governments would inject more funding into the organisation and to warn that “the situation cannot continue”.
Attorney-General Natasha Fyles said: “All Territorians have a right to justice.”
Ms Fyles said negotiations with the Federal Government on funding for legal services will start soon.
The Nhulunbuy case returns to court at a later date.