FOR victims and witnesses, the journey through the legal system can be a barrier to seeking justice.
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It can seem archaic, impersonal and antiquated.
It can also take an exceptionally long time.
The Bendigo County Court has, in the past, been the worst offender.
The court deals with some of the worst crimes committed in the Loddon-Mallee region – the sexual abuse of children, rape, and violent crimes like aggravated burglary. These are crimes that leave a lasting impact on victims, and a slow-moving court system can add to the pain.
In 2011, the Victorian County Court was frustrated with the continued backlog in Bendigo.
“Bendigo, which has the largest backlog of old cases, had sittings every month throughout the year,” Chief Judge Michael Rozenes wrote in the annual report.
Bendigo’s cases were regularly heard in Ballarat and Melbourne, but delays were always present.
One year later, the court was once again singled out as a problem.
“Conditions at Bendigo require urgent investment,” Chief Judge Rozenes wrote at the time.
Cases regularly took more than two years to go from committal to trial.
But in 2016, waiting times across regional Victoria have been slashed dramatically. In 2010, there were 24 cases that took more than two years to go to trial.
Now, there are just two.
Judge Gerard Mullaly is the head of the Victorian County Court circuit, and implemented changes to streamline the justice process in regional areas.
Instead of cases sitting in paper files in Bendigo once they pass committal, they are now sent electronically to Judge Mullaly to prioritise.
He told the Bendigo Advertiser the need to reduce waiting times in Bendigo was a main priority for the court – and it appears to have been successful.
“Through 2012, 2013 and 2014, we’ve implemented an electronic digital paperless file system, so once a case moves through committal, then it’s on a database in our court,” he said.
“I can look at all cases in Victoria and those in Bendigo, and allocate them to trial months or circuits.
“It has as its purpose to meet priorities that ensure that those cases that need to come first by reason of the law, or if young children are the complainants... we fit cases so that there is as little delay between committal and trial.”
It seemed a simple change, but in a rigid court system steeped in tradition, it was quite radical.
In 2016, statistics show the waiting time for County Court cases in regional Victoria is much shorter than in Melbourne.
“That is a complete reversal from where it used to be,” Judge Mullaly said.
Altering a system steeped in tradition
Judge Mullaly believes the shortened waiting times in the Bendigo County Court can help the system cope with any future spikes in violent and sexual crime.
As aggravated burglary figures continue to rise in Victoria – a crime dealt with in the County Court – and with a predicted increase in sexual offences to be prosecuted from the Child Abuse Royal Commission, having extra flexibility could benefit victims and witnesses.
Judge Mullaly said most of the increase in cases was likely to occur in Melbourne, where crime rates were higher.
While the statistics point to improvements, the seemingly old-fashioned nature of the courts can frustrate the public.
Earlier this year, a historic rape trial in the Bendigo County Court was delayed by months after a minor mistake in the jury empanelment process. The court associate forgot to read out the occupation of one juror.
The same case had already been delayed two months after a news outlet published a potentially prejudicial article.
In October, when a Supreme Court trial in Bendigo was cancelled after the accused was found unfit for trial, there was a five-week period in which the County Court could not sit. No judges were available, and it was unrealistic for cases to be brought forward rapidly at short notice to fill the void.
Judge Mullaly himself presided over a rape trial this year which remains subject to a retrial, after it was ruled the jurors had not been walked the right way during the selection process, breaking from tradition.
Given the pending matter, he could not comment.
Judge Mullaly said the court was always looking for ways to make access to justice easier for the wider community.
“While we have done well and are proud of our improved position in Bendigo, the court will strive to improve our services to the local community even further next year,” Judge Mullaly said.
He conceded in some cases, delays were inevitable.
“We realise that in other places, it’s too quick,” he said.
“We recognise there’s got to be a proper time to get everything in order, but certainly nothing like letting it run out to a year. That really concerns us and we monitor it very closely to try to make sure that we’re right on it.”
County Court figures:
Criminal cases waiting more than two years*:
- 2009/10: 24 cases
- 2015/16: two cases
All pending pleas, trials*:
- 2009/10: 106 cases
- 2015/16: 62 cases
Pending appeal cases*:
- 2009/10: 92 cases
- 2015/16: 24 cases
Bendigo County Court average waiting times:
- Trials: six to seven months
- Pleas: six months (or next circuit)
- Conviction appeals: six months (or next circuit)
- Sentence appeals: three to four months
*Statistics relate to Bendigo, Ballarat, Warrnambool, Wangaratta, Shepparton, Geelong, Latrobe Valley, Mildura, Bairnsdale, Sale, Wodonga and Horsham.