R v Turnbull (No. 8)

[2016] NSWSC 714

Supreme Court

New South Wales

Medium Neutral Citation:	R v Turnbull (No. 8) [2016] NSWSC 714
Hearing dates:	22 April 2016
Date of orders:	22 April 2016
Decision date:	22 April 2016
Jurisdiction:	Common Law - Criminal
Before:	Johnson J
Decision:	Further strong recommendation that Accused be transported by most direct route to and from court. Recommendation to be communicated personally to the Commissioner for Corrective Services, the Medical Officer in charge of the Long Bay Hospital Wing and the Officer-in-Charge of the Transport Section of the Department of Corrective Services.
Catchwords:	CRIMINAL LAW – murder trial - 81-year old Accused in custody - housed in Long Bay Hospital Wing - Accused being conveyed to court by circuitous and protracted route - recommendation made to Correctional authorities that Accused be transported to court by more direct route - recommendation not acted upon - concern that transport arrangements will interfere with administration of justice - strong recommendation made to be communicated personally to the Commissioner for Corrective Services and others
Legislation Cited:	---
Cases Cited:	R v Turnbull (No. 6) [2016] NSWSC 706
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: Last Friday, 15 April 2016, I made a strong recommendation with respect to the transport of the Accused, Ian Robert Turnbull, to and from Court for the purpose of his trial.

2. The Accused is 81 years old, and he is held in the Long Bay Hospital Wing. I will not repeat what I said on that occasion, but it should be read together with what I am saying now. My judgment, R v Turnbull (No. 6) [2016] NSWSC 706, will be attached to the present judgment.

3. As I stated in that judgment, I well understand the practical difficulties affecting the Department of Corrective Services and the demands upon their resources, including the transporting of prisoners. I have been informed, however, that despite the strong recommendation made a week ago, the Accused, at the completion of what was the first day of his trial yesterday, was transported from this Court to other places, not arriving at the Long Bay Hospital Wing until about 9.00 pm.

4. If that pattern was continued daily during this trial, it is not fanciful to consider that the Accused will suffer some adverse health outcome which will endanger the progress of this trial.

5. My principal concern is the proper administration of justice. The Department of Corrective Services, in all its forms and in all its functions, plays a fundamental part in the administration of justice. Its role, in the present respect, is to facilitate the functioning of the criminal courts. Any step which may be taken in transporting the Accused which causes an adverse health outcome, and causes his trial to be interrupted (or even aborted), would constitute a direct interference with the administration of justice.

6. I am speaking more plainly on this occasion because it does not seem that what I said a week ago has had any effect.

7. I am not saying this because of any personal desire that the Accused be given special treatment. At the same time, everyone, including the Court and the Department of Corrective Services, must take into account his unusual circumstances. His age and his state of health are such that it must be obvious to all concerned that to treat him as an ordinary prisoner, to be transported from one place to another until he does not arrive at his present place of custody until late at night, is entirely wrong.

8. I strongly recommend that the Accused be transported to and from Court directly each day. If there is an inability to comply with this recommendation, I require the attendance of a senior officer of the Department of Corrective Services in this Court at 9.30 am next Wednesday, 28 April to inform the Court of what the problem is.

9. I direct that a copy of these remarks be communicated personally to Mr Severin, the Commissioner for Corrective Services, the Medical Officer in charge of the Long Bay Hospital Wing, the Officer-in-Charge of the Transport Section of the Department of Corrective Services and the Senior Corrective Services Officer working within the Supreme Court Complex.

10. I note that the Accused is next required at this Court next Tuesday for his trial. Should my recommendation not be implemented that day, as I have said, personal attendance is required at 9.30 am the next day by a senior officer of the Department of Corrective Services to explain why it has not been acted on.

[No further difficulty occurred in the transport arrangements of the Accused during the course of the trial]

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