Victoria overhauls bail system after CBD horror smash

SBS World News Radio: Victoria to set up night magistrates court to hear after-hours bail applications in the wake of the deadly Melbourne car rampage in which five people were killed

Victoria overhauls bail system after CBD horror smash

Victoria overhauls bail system after CBD horror smash

There's been much grieving in the days since a car tore through central Melbourne, leaving shock, death and injury in its wake.

And there's also been anger over the workings of the state's judiciary after it was revealed the alleged driver had been bailed only days earlier over unrelated charges, despite police opposition.

Now Victorian Premier Daniel Andrews is acknowledging the system must change.

"What occurred on Friday is not only a cause of great sadness, but it is a cause of legitimate and, I think, profound anger. All of us feel it. 'How could this have happened? How could such a tragedy have come to our city? How could so many lives end and so many lives change forever?' They're legitimate questions and the sense of anger and frustration, together with a sense of sadness and grief and loss, are all profound."

In Victoria, bail justices are able to release people charged with criminal offences if a magistrate's court is not in session.

The bail justices are volunteers and many are Justices of the Peace but legal qualifications are not required.

Daniel Andrews says no expense will be spared to overhaul that process.

"We will, as soon as possible, and work is currently under way, to establish an after-hours Magistrates Court so that magistrates, rather than bail justices, will be able to hear bail applications, particularly for those serious matters. And by that, in broad terms, they'd be best defined by those matters involving violence."

There'll also be a sweeping judicial review to be conducted by the state's former Director of Public Prosecutions, Paul Coghlan.

And after various attempts to tighten bail laws over several years, Attorney-General Martin Pakula is promising a comprehensive but speedy assessment that will offer practical options for reform.

"We are asking Paul Coghlan to look at this top to bottom. We do not want to simply have a piecemeal approach to the bail system. This is not like a Law Reform Commission review, where we're asking for 12 months, or anything of that nature. We are asking Mr Coghlan to provide us with this advice from 10 weeks and to provide us with practical options for legislative reform that we can implement quickly. And so, that is a recognition both of the complexity but also the urgency of the task."

The move to replace out-of-hours bail justices with magistrates has been welcomed by the secretary of the Victorian Police Association and former homicide detective, Ron Iddles, as long overdue.

"We are now in 2017 and I don't think it's the place to have volunteers who aren't well-trained to determine serious applications for bail. We have also got to look at community expectations and I can tell you here in Victoria, the community has had enough."

Ron Iddles told the ABC the review should also look at how offenders are able to be bailed several times.

"What the Bail Act says is that if you are committing an offence while on bail you shouldn't get bail unless you can show reasonable cause but we know people who have got five lots of bail so the question has got to be asked, why is that happening?"

And it's one of many questions being asked by Melburnians as they gather for vigils and memorials.

Floral tributes are continuing to arrive in busy Bourke Street Mall, the scene of Friday afternoon's chaos.

A coroner will investigate the incident and Daniel Andrews says his government must take heed of any lessons from the tragedy.

"We need to do more to keep the community safe and to honour the memory of those who have paid such a high price, those who have lost their lives and those who will be forever changed by what happened on Friday. We are angry, we're frustrated and we're desperately sad."

The dead include a three-month-old baby boy, thrown from his pram when struck by the car.

Others have been named as 10-year-old Thalia Hakin, 22-year-old Jess Moody and 33-year-old father Matthew Si.

 

 

 


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4 min read
Published 23 January 2017 2:00pm
Updated 23 January 2017 2:45pm
By Gareth Boreham

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