Justice, Australian style

Accused walk free without trial

Accused criminals walk free every day because of a shortage of police trained in court work. The NSW Police Force's leading Children's Court prosecutor has quit his post in protest, citing an intolerable workload. Senior Sergeant Allan Treadwell had been trying to hold down a supervising prosecutor's role at Parramatta and oversee legal and administrative operations for Sydney's entire south-western sector, senior police sources said.

"It got to the point where he kept telling headquarters it was impossible for him to continue," said a colleague, who asked not to be named. "He was in court every day and then trying to be a full-time paper-shuffler at night and they just kept saying it was tough luck. In the end, he told them to shove it." It is understood Sergeant Treadwell has accepted a lower-profile position at the same rank.

Fairfield prosecutor and NSW Police Association official Frank Reitano said the once steady stream of police recruits keen to work in the court system had simply dried up. Quoted in the union's monthly Police News, Sergeant Reitano said probationary constables working general duties could potentially earn more in allowances than some of his colleagues. Efforts to address the issue had stalled at the top level, he said. As a result, prosecutors were being forced to work under extreme stress, crucial briefs of evidence were not being checked before being presented to magistrates, and problem cases were being withdrawn or thrown out when it was realised there was no time to fix them. "[It] makes us look bad in the eyes of the community, not to mention the upset it causes informants, victims and witnesses," Sergeant Reitano said. "We are doing the best we can with the little that we have."

Senior sources said the prosecutor shortage was the key factor in cases "falling over" and alleged offenders being let off "virtually every day of the week". In tacit recognition of the problem, some magistrates had even begun opening their courts 90 minutes later each morning to give police a last-minute chance to prepare cases.

Opposition police spokesman and former policeman Mike Gallacher said some police officers were cynically referring to themselves as "owner-builders" because they believed the force was only interested in taking criminal prosecutions to the "lock-up stage", rather than seeing them through to the end. Mr Gallacher also said the officer shortage had been highlighted earlier this month, when a prosecutor at far-western Dubbo called in sick, triggering a statewide scramble to replace him for the day. A sergeant was sent from Bathurst because there was no one closer available. Another sergeant then had to be dispatched to Bathurst from Katoomba, and yet another from Penrith to Katoomba.

Source (Via Australian Politics)



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