ONE of Victoria’s most experienced barristers has lashed out at delays of more than five years in cases caught up in a clogged justice system.
Daryl Wraith, a barrister for more than 40 years, yesterday described the delays in the Bendigo County Court as “disgraceful”.
He was speaking before Judge Jeanette Morrish in the County Court.
“I have some matters here, I don’t anticipate them being reached for at least five years,” Mr
Wraith said.
“It really is deplorable.”
He told the court a 65-year-old man charged with raping his wife may not have his case heard for 10 years. He said later his client might die before having his case heard.
Forty-seven cases are awaiting trial dates in the local county court. The court sat 10 times last year, and Mr Wraith said only one or two trials were heard during a sitting period.
“If you have a trial hanging over your head, it can be terrible,” he said.
“I have a constant message from the accused I represent that they want to have it over and done with.
“It is a scandal.
“Justice delayed is justice denied, from all points of view.”
Judge Morrish, who was presiding via videolink, said it would be “ridiculous” if some Bendigo County Court matters had to be moved to Melbourne.
But she said cases may have to be moved to Shepparton and Wangaratta to reduce delays.
One case yesterday was rescheduled to be heard at Wangaratta in June, after it appeared the case would not be heard in Bendigo for more than a year.
Mr Wraith asked Judge Morrish if Attorney-General Rob Hulls had been made aware of Bendigo’s predicament, to which she replied that she would not weigh into politics.
“(The delays are) not a complete surprise,” Judge Morrish said.
“The registry has also expressed concern.”
Mr Hulls said an independent evaluation of sexual assault reforms would analyse the impact on the County Court.
The 2006-07 reforms mean sexual assault cases are given priority over other cases.
“The County Court is investigating further ways to address delays at the Bendigo Court,” Mr Hulls said.
“The Government in 2006-07 introduced sexual assault reforms that have resulted in bringing more sexual assault cases before the County Court and ensuring they are heard sooner.
“The Government is proud of these reforms that help minimise trauma to victims of sexual assault by prioritising these cases in the County Court.
“The Government is carefully monitoring the impact of the sexual assault reforms and an independent evaluation is under way.”
A County Court spokeswoman was unable to confirm the nature of the cases awaiting trial in Bendigo.
She said the court had improved its efficiency this year with a 103 per cent clearance rate in its criminal jurisdiction and also a reduction in cases pending.
But she did not give figures specific to Bendigo.
“The County Court has undertaken a range of actions in relation to efficiency and delays, in particular, improved case management processes and co-ordination of its listings,” the spokeswoman said.
“The court continually monitors the caseloads at all circuit locations, including Bendigo to ensure matters are finalised as quickly as possible.”