BATHURST’S local court magistrate has slammed what he calls unacceptable delays in two murder cases, saying the accused, the community at large and the process of justice “deserved better”.
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Magistrate Michael Allen this week questioned the delays in the matters of a 36-year-old man accused of murdering an 11-month-old girl in Mandurama in April 2014 and a 45-year-old man accused of murdering his stepson in Oberon in August 2014.
In the first matter, solicitor Shane Cunningham – acting on behalf of Archbold Legal, representing the accused – sought to confirm whether the full brief of evidence had been served and, if so, requested a committal timetable.
However, Director of Public Prosecutions solicitor Ashlee Weir told the court the DPP required a two-week adjournment for a further report to be served.
Noting the matter had been before the courts for 16 months, Mr Allen said it was in no one’s interests for the case to remain stagnant.
He said while a court “should not be told to move to the sound of a beating drum”, nor could the matter continue to dawdle.
“The community deserves better, as does the accused, as does the process of justice,” he said.
When the second matter – relating to the 45-year-old man accused of murdering his stepson in Oberon – came before Mr Allen soon after, the DPP again made an adjournment application, saying it was waiting on more medical material.
Ms Weir said the DPP was seeking a six-week adjournment for the balance of the brief, which involved a further medical report.
Mr Allen said while he expected a paediatric expert would be busy, he said the matter has been before the court for 12 months.
“These are serious allegations, the alleged murder of a young child,” he said. “Is it clear the report will be available for consideration by the Crown and defence in the timetable you ask?”
Ms Weir said she “hoped so”, adding “the officer in charge has made significant attempts to retrieve the material”, and that the brief on the matter was “extremely large”.
Mr Allen ordered the brief by September 28 and listed the matter for November 30. Bail was not applied for by the accused, who appeared via audio visual link, and was formally refused. Mr Allen ordered the accused to appear before Bathurst Local Court on November 30.
