R v Turnbull (No. 6)

[2016] NSWSC 706

Supreme Court

New South Wales

Medium Neutral Citation:	R v Turnbull (No. 6) [2016] NSWSC 706
Hearing dates:	15 April 2016
Decision date:	15 April 2016
Jurisdiction:	Common Law - Criminal
Before:	Johnson J
Decision:	Recommendation made to Department of Corrective Services that Accused be transported to and from court by more direct route
Catchwords:	CRIMINAL LAW – murder trial - 81-year old housed in custody - housed in Long Bay Hospital Wing - circuitous and protracted transport of Accused to and from court by Correctional authorities - concern that transport arrangements may impact adversely on fair trial of Accused - strong recommendation made that Accused be transported to and from court by more direct route
Legislation Cited:	---
Cases Cited:	---
Texts Cited:	---
Category:	Procedural and other rulings
Parties:	Regina (Crown) Ian Robert Turnbull (Accused)
Representation:	Counsel: Mr PE Barrett (Crown) Mr T Alexis SC; Ms C O’Neill (Accused)   Solicitors: Office of the Director of Public Prosecutions (Crown) Cole & Butler (Accused)
File Number(s):	2014/223920
Publication restriction:	---

Judgment

1. JOHNSON J: The trial of the Accused, Ian Robert Turnbull, is to commence before a jury next Monday, 18 April 2016. It will proceed for some weeks.

2. The Accused is 81 years old. There are a number of health issues which affect the Accused, understandably, because of the circumstances in which he finds himself and given his age. The Accused is presently detained in the Long Bay Hospital Wing. I would expect that he will remain there for the duration of a trial.

3. Senior counsel for the Accused has informed the Court that the timetable which has applied for the purpose of bringing the Accused to Court, and then back to Long Bay, is a lengthy and onerous one. He is woken at 4.00 am for the purpose of being transported with other persons to various courts by 10.00 am. There is no complaint about that aspect, which may be unavoidable.

4. The difficulty lies at the end of the day, when present experience in the course of the pretrial hearing has been that the Accused is taken from Court after 4.00 pm, with the Corrective Services transport taking him via the Downing Centre and then Silverwater, ending up at the Long Bay Hospital Wing at about 10.00 pm. At that time he is provided with a meal.

5. The Court is well aware of the demands on the Correctional authorities with respect to the management of Correctional Centres and transport of persons between Correctional Centres and Courts.

6. However, the primary concerns which I have are not only that the Accused is in a fit state on the days that he comes to Court, but that if there be any problem with respect to his health, this could impact adversely upon the administration of justice in the conduct of the trial. This is to be trial by jury. I want to minimise the prospect of there being any interruption of a jury trial because of practical matters, of which this is an example.

7. The present Accused is in a very unusual category. He is of an age that is highly uncommon for a person who is to stand trial for serious offences in this Court. It may be that factors of that sort are contributing to him being housed at the Long Bay Hospital Wing rather than in the general run of a Correctional Centre.

8. It is my strong recommendation to the Department of Corrective Services that steps be taken to transport the Accused to and from Court each day by the most expeditious means possible. If this means a special transport arrangement because of his age and circumstances then that, in my view, would be highly desirable.

9. I understand, as I have said, that there are many demands on the Correctional authorities. However, a process of bringing the Accused to and from the Court each day so that the trial can proceed without interruption, and with the Accused being in the best state of health possible, are very important matters.

10. Accordingly, I make a strong recommendation to the Department of Corrective Services that steps be taken to transport the Accused each sitting day from the Long Bay Hospital Wing to Court and back by the most expeditious process possible (preferably by way of separate escort).

11. I will cause this judgment to be settled urgently. A copy of it will be provided to the parties. I will also direct that it be provided to the relevant Correctional authorities, and also to the persons administering the Long Bay Hospital Wing in which the Accused is being housed. It may be that those persons have a view on this aspect, as well, which will inform a conclusion with respect to it.

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