Wednesday, January 19, 2011

Magistrate dismisses charges against teens because investigating Queensland cop was too slack to check committal hearing date

Slackness one expects from the Qld. wallopers but failure to present the case SEVEN times??

A MAGISTRATE dismissed charges against two teenagers accused of being part of a rolling street brawl-home invasion after finding the investigating policeman was "too slack" to get witnesses to a committal hearing today. An angry magistrate Chris Callaghan refused a police application to adjourn the committal hearing and discharged the two teenagers.

The teenagers, who are now 18 but were juveniles at the time, were allegedly involved in a street fight at Cleveland, in the bayside region, in November 2009. The fight later spilled over to a nearby house where up to eight teenage boys were involved.

In the Magistrates Court in Brisbane, the pair were to face a two-day committal hearing from today in which nine witnesses were listed to appear. However, Mr Callaghan was asked to adjourn the hearing because none of the witnesses were at court.

He refused the application and said it appeared the investigating officer had been too slack to check his computer and see the committal hearing was listed for today. Mr Callaghan said the matter had been adjourned on seven previous occasions and today's committal hearing had been set down three months ago.

He said the teenagers were charged in March last year and in the interests of justice they were entitled to have the evidence against them heard in a timely fashion. Likewise, it was the victims right to be able to give their evidence in a timely way.

Mr Callaghan refused the application and ordered the committal proceed. Police then offered no evidence and Judge Callaghan struck out the charges and discharged the teenagers.

He also ordered that his reasons be recorded and provided if the teenagers were recharged and a stay proceeding was brought by their lawyers.

SOURCE

1 comment:

David Visentin said...

Thanks for your efforts in keeping us informed John. A great effort.