Page 2191 - Week 06 - Wednesday, 9 May 2012
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In the case of Massey—a woman who was charged with, and convicted of, murder—she was on bail for almost all of the period of her trial but there were approximately 10 occasions on which Ms Massey was brought before the court for breaches of bail—some serious, some not so. And it is unusual and certainly would be unusual in other jurisdictions, for instance, to find someone who was bailed on a charge as serious as murder, to have essentially 10 lives. There might be one or two occasions where breaches of bail might be considered before, in most jurisdictions, that person would be remanded in custody.
My researches have pointed me to a number of other cases. However, they relate to juveniles reoffending, often with catastrophic consequences for the community, but because they relate to juveniles I propose not to discuss them here today. Suffice it to say that there are significant matters before the court at the moment involving violent crimes where juveniles have been bailed and have reoffended whilst on bail. There is also a recent case, which I believe is under appeal by the Director of Public Prosecutions, where someone was bailed while remanded in custody. And it shows to me an alarming misunderstanding or misreading of the law by the decision maker in that case.
But, as I said at the outset, I suppose the impetus for this concern by the Canberra Liberals today is the tragic circumstances of last week. And as I said before, I will not be reflecting on that incident itself. But it is important that the community and the Assembly know that the young person involved was well known to police, prosecutors and the courts. There have been about half a dozen incidents where the young man had been brought before the courts for breaches of bail and bail was opposed by the prosecutors because of a range of concerns about the safety of the community and the propensity to reoffend.
I would like to spend some time reflecting on some of those matters which are published matters that relate to this young man. There are a number of judgements—on 9 December 2011 and later in December 2011—that reflect on this. I will read some snippets to give members an idea of what is wrong with the bail system and why we are calling for the modest action that we are calling for today.
This person came to the Supreme Court on 14 November 2008 on two charges of dishonestly riding or driving a motor vehicle without consent, one charge of theft, two charges of unlawfully confining a person—
Mr Corbell: On a point of order.
MADAM DEPUTY SPEAKER: Mrs Dunne, will you resume your seat, please? On the point of order, Mr Corbell.
Mr Corbell: Madam Deputy Speaker, I am seeking your guidance in relation to the application of the sub judice rule.
MADAM DEPUTY SPEAKER: Yes, I was just about—
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