Australia: Being innocent can still cost you heaps

Queensland's Chief Justice has outlined new plans to overhaul the system of awarding costs in court matters. Justice Paul De Jersey told delegates at the central Queensland law conference in Yeppoon that it has been a long-running problem. He says the changes will streamline the process.

"The practice of the court has become undesirable," he said. "A very restrictive approach is taken to the assessment of costs and in the end result, the winning party who should have a full recovery or an almost full recovery of costs is out of pocket."

The Australian Council for Civil Liberties (ACCL) has backed the plans. ACCL president Terry O'Gorman says it is a serious problem because many people have to mortgage their homes to defend themselves. "Di Fingleton, the Chief Magistrate who was a very serious example of a miscarriage of justice, she in fact was recompensed, where as in fact Pauline Hanson, who is also regarded as a serious example of a miscarriage of justice, is still financially out of pocket," he said. He says in most other states, if a person is found not guilty after a criminal trial, the judge has the discretion to award them full recovery of costs. "In Queensland, even if a finding is made that you have been wrongly charged, many people have to mortgage their house in order to defend themselves," he said. "The Chief Justice's comments are timely, but we would like to see them taken further so that people who are found not guilty after a judge and jury trial can get their costs."

The Queensland Law Society (QLS) also welcomes the plans, and says an overhaul of the system is long overdue. Spokesman Sean Reidy from the QLS says he would support the review. "The rights for people who are successful in criminal matters are almost non-existent," he said. "They can be acquitted, exonerated and have suffered an unfair trial and be on the edge of economic ruin. "The system is long overdue for a major overhaul so that some fairness and equity for winning parties can be brought back to the system."

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