1 00:00:00,040 --> 00:00:02,360 Speaker 1: Well he's been breaking news left, right and center over 2 00:00:02,400 --> 00:00:05,040 Speaker 1: the last week. It is Matt Cunningham from Sky News 3 00:00:05,120 --> 00:00:08,280 Speaker 1: and yet again another story, this time the Northern Territory 4 00:00:08,320 --> 00:00:12,239 Speaker 1: government and the judiciary at Loggerheads. I've a plan to 5 00:00:12,360 --> 00:00:17,040 Speaker 1: hold court hearings on prison ground's Matt Cunningham, Good morning. 6 00:00:17,720 --> 00:00:19,119 Speaker 2: Good morning coatie mate. 7 00:00:19,160 --> 00:00:20,600 Speaker 1: What is this story all about. 8 00:00:21,880 --> 00:00:24,639 Speaker 2: Well, my understanding is that the government's been working on 9 00:00:24,680 --> 00:00:29,160 Speaker 2: a proposal to try to address some of the issues 10 00:00:29,320 --> 00:00:31,920 Speaker 2: we've been seeing in the court system, in particular the 11 00:00:31,960 --> 00:00:35,640 Speaker 2: backlog in court cases, the growing number of prisoners on remand, 12 00:00:36,280 --> 00:00:42,519 Speaker 2: and as well the costs of escorting prisoners to and 13 00:00:42,560 --> 00:00:47,360 Speaker 2: from court. We know that Matthew Valley, the Corrections Commissioner, 14 00:00:47,600 --> 00:00:49,519 Speaker 2: said only a week or so ago that the overtime 15 00:00:49,560 --> 00:00:52,560 Speaker 2: built for corrections staff was twenty one million dollars last 16 00:00:52,560 --> 00:00:56,880 Speaker 2: financial year. So this plan basically is that the court 17 00:00:56,880 --> 00:00:59,440 Speaker 2: would sit on the grounds of the prison. Now, if 18 00:00:59,440 --> 00:01:01,400 Speaker 2: you've been out to are in prison, for example, will 19 00:01:01,400 --> 00:01:05,200 Speaker 2: know that the prison grounds. You enter the gate onto 20 00:01:05,200 --> 00:01:07,400 Speaker 2: the prison grounds where there's like a public car park, 21 00:01:07,440 --> 00:01:10,240 Speaker 2: and there's several buildings that are outside the main wall 22 00:01:10,360 --> 00:01:13,520 Speaker 2: of the prison. So my understanding is that the proposal 23 00:01:13,520 --> 00:01:18,080 Speaker 2: would be for court hearings to be held there, so 24 00:01:18,160 --> 00:01:20,640 Speaker 2: it would actually be on the prison grounds, but not 25 00:01:20,760 --> 00:01:28,319 Speaker 2: inside the prison itself. But I believe that the judiciary 26 00:01:28,360 --> 00:01:30,840 Speaker 2: is not too keen on the idea. My understanding is 27 00:01:30,840 --> 00:01:33,560 Speaker 2: that it's been put to the judges and they've rejected it, 28 00:01:34,560 --> 00:01:37,480 Speaker 2: but the government's still keen to push her head. So 29 00:01:37,520 --> 00:01:40,680 Speaker 2: there's a bit of a doing and throwing going on 30 00:01:40,800 --> 00:01:43,720 Speaker 2: between the government and the judiciary over this issue. I'd 31 00:01:43,760 --> 00:01:47,680 Speaker 2: put direct questions to the Attorney General, Mary Claire Boothby, 32 00:01:48,680 --> 00:01:50,720 Speaker 2: so this is what she said. She says, we are 33 00:01:50,760 --> 00:01:54,720 Speaker 2: working collaboratively with legal staff and services, courts, judges and 34 00:01:54,840 --> 00:01:59,720 Speaker 2: corrections to explore all options to streamline court processes and 35 00:02:00,000 --> 00:02:03,040 Speaker 2: tackle the crime and corrections crisis left by labor. All 36 00:02:03,080 --> 00:02:06,120 Speaker 2: options are on the table when it comes to reforming 37 00:02:06,200 --> 00:02:09,639 Speaker 2: our legal system. We are actively working to address demand 38 00:02:09,639 --> 00:02:15,160 Speaker 2: pressure and are exploring all options, with potential announcements coming soon. 39 00:02:15,760 --> 00:02:19,760 Speaker 2: So it certainly sounds like this plan is definitely high 40 00:02:19,800 --> 00:02:21,919 Speaker 2: on the government's agender. I also put the question. I 41 00:02:22,000 --> 00:02:25,920 Speaker 2: put it directly to the court several times verbally and 42 00:02:25,960 --> 00:02:28,919 Speaker 2: in writing as to where the Chief Judge Elizabeth Morris 43 00:02:29,440 --> 00:02:32,360 Speaker 2: had been asked the question about this plan and whether 44 00:02:32,400 --> 00:02:35,400 Speaker 2: she had rejected it. Now, the court wouldn't answer that 45 00:02:35,480 --> 00:02:38,440 Speaker 2: question directly, but they have sent me a statement that 46 00:02:38,560 --> 00:02:41,639 Speaker 2: says it is a fundamental rule of the common law 47 00:02:41,680 --> 00:02:45,640 Speaker 2: that the administration of justice must take place in open court, 48 00:02:45,680 --> 00:02:48,760 Speaker 2: and open justice is one of the fundamental attributes of 49 00:02:48,800 --> 00:02:52,040 Speaker 2: a fair trial. The rationale of the open court principle 50 00:02:52,120 --> 00:02:54,520 Speaker 2: is that court proceedings should be subjected to public and 51 00:02:54,560 --> 00:02:57,520 Speaker 2: professional scrutiny. It is also the case that the public 52 00:02:57,560 --> 00:03:01,560 Speaker 2: administration of justice is essential to maintaining the community's confidence 53 00:03:02,120 --> 00:03:06,280 Speaker 2: in the integrity and independence of the courts. Now, if 54 00:03:06,320 --> 00:03:10,520 Speaker 2: you look into that statement, see where the tension is 55 00:03:10,520 --> 00:03:13,600 Speaker 2: coming from. I mean the government. I think its plan 56 00:03:13,720 --> 00:03:16,400 Speaker 2: is to hold these hearings on the prison's grounds, but 57 00:03:16,480 --> 00:03:19,480 Speaker 2: not actually inside the prison. So I actually don't know 58 00:03:20,200 --> 00:03:22,679 Speaker 2: whether they are making plans around this for there this 59 00:03:22,840 --> 00:03:24,760 Speaker 2: is still to be an open court where the public, 60 00:03:24,800 --> 00:03:29,800 Speaker 2: the media, etc. Etc. Can go in, or whether it 61 00:03:29,800 --> 00:03:31,800 Speaker 2: would be something that would be off limits. Now I 62 00:03:31,800 --> 00:03:34,760 Speaker 2: think it's the former, but the judges are clearly working 63 00:03:34,760 --> 00:03:38,120 Speaker 2: on the presumption that this would be some kind of 64 00:03:38,120 --> 00:03:40,560 Speaker 2: close court you know, your every day Joe wouldn't be 65 00:03:40,600 --> 00:03:42,840 Speaker 2: able to get in, So perhaps that's something that still 66 00:03:42,960 --> 00:03:44,440 Speaker 2: needs to be nutted out. But I think you can 67 00:03:44,480 --> 00:03:47,320 Speaker 2: tell from that statement or those statements that this is 68 00:03:47,360 --> 00:03:49,960 Speaker 2: clearly a plan that's on the table one of the 69 00:03:49,960 --> 00:03:52,720 Speaker 2: government's pursuing. But there's quite a bit of pushback at 70 00:03:52,720 --> 00:03:55,960 Speaker 2: the moment from judges who clearly don't think it's a 71 00:03:55,960 --> 00:03:56,440 Speaker 2: good idea. 72 00:03:56,560 --> 00:03:58,440 Speaker 1: Well be keen to hear from our listeners this morning 73 00:03:58,520 --> 00:04:01,200 Speaker 1: zero four double nine s Evan double one at three 74 00:04:01,360 --> 00:04:04,520 Speaker 1: six zero what they think about this idea of potentially 75 00:04:04,920 --> 00:04:08,880 Speaker 1: you know, having those having those hearings or those cases 76 00:04:09,000 --> 00:04:12,600 Speaker 1: on the grounds of you know, the correctional facility, not 77 00:04:12,760 --> 00:04:15,200 Speaker 1: behind the wire, but on the grounds there. And so, 78 00:04:15,280 --> 00:04:18,080 Speaker 1: matt the idea behind this, I'm assuming is that it 79 00:04:18,160 --> 00:04:20,880 Speaker 1: would move things along quite quickly in terms of not 80 00:04:21,000 --> 00:04:23,680 Speaker 1: having to transport prisoners. I mean, we've got more than 81 00:04:23,760 --> 00:04:27,760 Speaker 1: fifty percent of prisoners on remand, is what we'd heard 82 00:04:27,839 --> 00:04:29,800 Speaker 1: just a couple of weeks ago from Matthew Valley. I 83 00:04:29,800 --> 00:04:31,640 Speaker 1: don't know whether that's changed a little bit or not, 84 00:04:31,680 --> 00:04:34,640 Speaker 1: but the fact is we have got so many prisoners 85 00:04:34,720 --> 00:04:39,279 Speaker 1: on remand our court systems absolutely clogged up. Something we've 86 00:04:39,279 --> 00:04:41,159 Speaker 1: got to look at some innovative ideas here. 87 00:04:42,160 --> 00:04:43,640 Speaker 2: Yeah, I think the government's trying to look at two 88 00:04:43,680 --> 00:04:45,960 Speaker 2: things here. One is the issue that you touch on there. 89 00:04:46,000 --> 00:04:49,040 Speaker 2: I mean, you know, twenty seven hundred roughly people in 90 00:04:49,040 --> 00:04:51,800 Speaker 2: prison and about half of them on remand so they 91 00:04:51,800 --> 00:04:53,880 Speaker 2: want to try and get through that backlog as quickly 92 00:04:53,880 --> 00:04:56,600 Speaker 2: as they possibly can. And the other issue, as I 93 00:04:56,720 --> 00:04:59,919 Speaker 2: touched on before, is just this huge cost of escored 94 00:05:00,160 --> 00:05:04,760 Speaker 2: prisoners from the prison to the court and also to 95 00:05:04,800 --> 00:05:07,680 Speaker 2: the hospital. And my understanding is the government also looking 96 00:05:08,560 --> 00:05:11,200 Speaker 2: whether the medical facilities that are on the prison grounds 97 00:05:11,200 --> 00:05:13,440 Speaker 2: there can be better utilized to cut down on the 98 00:05:13,520 --> 00:05:16,480 Speaker 2: number of hospital transfers that are happening. I mean, I 99 00:05:16,520 --> 00:05:18,080 Speaker 2: don't know if you've ever been out there camp, but 100 00:05:18,680 --> 00:05:24,279 Speaker 2: there is a massive medical center at that prison that 101 00:05:24,400 --> 00:05:27,200 Speaker 2: was only built and open just over ten years ago. 102 00:05:28,120 --> 00:05:34,760 Speaker 2: It's quite a detailed facilities, but my understanding is that 103 00:05:34,800 --> 00:05:37,599 Speaker 2: it's often underutilized and it's been used for different things 104 00:05:37,640 --> 00:05:41,640 Speaker 2: over the years rather than it's intended purpose. So that's 105 00:05:41,640 --> 00:05:44,560 Speaker 2: something the government's looking at as well. I think it's 106 00:05:44,600 --> 00:05:46,480 Speaker 2: also sorry I was just going to say, I think 107 00:05:46,520 --> 00:05:48,440 Speaker 2: It's also interesting to note I think there's a growing 108 00:05:48,520 --> 00:05:52,320 Speaker 2: tension between the government and the judiciary over a number 109 00:05:52,400 --> 00:05:54,960 Speaker 2: of issues. And we heard the Chief Minister on your 110 00:05:55,000 --> 00:05:59,680 Speaker 2: program on Monday and in other interviews this week as well, 111 00:06:00,920 --> 00:06:05,280 Speaker 2: publicly criticizing, you'd say, the decision of the judge last 112 00:06:05,279 --> 00:06:06,280 Speaker 2: week Grant bail To. 113 00:06:06,600 --> 00:06:08,880 Speaker 1: She told me she was furious about it. 114 00:06:09,560 --> 00:06:12,559 Speaker 2: Yes, yeah, and we are seeing. I mean, there's always 115 00:06:12,560 --> 00:06:15,520 Speaker 2: supposed to be this separation between church and state, if 116 00:06:15,520 --> 00:06:19,839 Speaker 2: you like, but the Chief Minister certainly has not been 117 00:06:19,880 --> 00:06:23,640 Speaker 2: pulling her punches when it comes to being publicly critical 118 00:06:24,480 --> 00:06:27,039 Speaker 2: of the judiciary, and certainly of the judge in that case. 119 00:06:27,080 --> 00:06:31,440 Speaker 2: So I think that is something that will be won't 120 00:06:31,440 --> 00:06:35,080 Speaker 2: be received well by judges who don't like the idea 121 00:06:35,120 --> 00:06:37,440 Speaker 2: of government's criticizing them. And I think there's quite a 122 00:06:37,480 --> 00:06:40,919 Speaker 2: bit of growing tension there between the government and the judiciary. 123 00:06:41,200 --> 00:06:42,640 Speaker 1: I mean, the government's in a bit of a rock 124 00:06:42,680 --> 00:06:44,600 Speaker 1: and a hard place here though as well, Matt, aren't 125 00:06:44,600 --> 00:06:47,080 Speaker 1: they like We spoke to MARIW Clear boothby the Attorney 126 00:06:47,080 --> 00:06:49,599 Speaker 1: General about this on Friday during the week that was, 127 00:06:49,640 --> 00:06:53,240 Speaker 1: and the community like the anger was palpable last week 128 00:06:53,279 --> 00:06:55,920 Speaker 1: following on from the story that you'd broken about that 129 00:06:55,960 --> 00:06:59,760 Speaker 1: seventeen year old that had been bailed and then you know, 130 00:07:00,040 --> 00:07:02,679 Speaker 1: seven thousand dollars being spent for him to be able 131 00:07:02,720 --> 00:07:06,480 Speaker 1: to attend a funeral. You know, if the government didn't 132 00:07:06,520 --> 00:07:09,240 Speaker 1: speak out and didn't actually say that they didn't think 133 00:07:09,240 --> 00:07:12,520 Speaker 1: it was in line with communities expectations, the community had 134 00:07:12,520 --> 00:07:14,080 Speaker 1: start to be screaming at the government. 135 00:07:15,400 --> 00:07:17,800 Speaker 2: Well, that's right, and you know, we know that the 136 00:07:17,840 --> 00:07:20,440 Speaker 2: mandate that they came to power with and they're clearly 137 00:07:20,480 --> 00:07:24,080 Speaker 2: serious about implementing that mandate. That has meant that we've 138 00:07:24,080 --> 00:07:27,440 Speaker 2: seen a significant increase in the number of people in prison. 139 00:07:27,480 --> 00:07:29,320 Speaker 2: I think it's gone up from about twenty two hundred 140 00:07:29,360 --> 00:07:31,920 Speaker 2: in August last year to about twenty seven hundred now. 141 00:07:33,120 --> 00:07:35,800 Speaker 2: But the government's making no apologies. So that was interesting. 142 00:07:36,200 --> 00:07:40,520 Speaker 2: Mary claibooth be the Attorney General on Friday saying that 143 00:07:40,600 --> 00:07:44,320 Speaker 2: they're going to even look again at the Bail Act 144 00:07:44,440 --> 00:07:47,600 Speaker 2: and might go even further. And we're talking about, you know, 145 00:07:47,680 --> 00:07:50,960 Speaker 2: potentially getting to the point where there's little or no 146 00:07:51,080 --> 00:07:54,960 Speaker 2: discretion for judges in some of these cases. So again 147 00:07:55,000 --> 00:07:57,400 Speaker 2: that's something that won't be well received by the judiciary. 148 00:07:57,400 --> 00:08:01,880 Speaker 2: I don't think, but there's clearly disagreement. There's clearly tension 149 00:08:01,920 --> 00:08:05,880 Speaker 2: there between this government and the mandate that they believe 150 00:08:05,920 --> 00:08:09,640 Speaker 2: that they have, and they're trying to YEA and the 151 00:08:09,760 --> 00:08:13,240 Speaker 2: judiciary and more broadly people in the legal system than 152 00:08:13,280 --> 00:08:15,440 Speaker 2: the way they believe thinks she operates. 153 00:08:15,560 --> 00:08:17,480 Speaker 1: Yeah, Matt, just before I let you go, one of 154 00:08:17,480 --> 00:08:19,240 Speaker 1: the other things the Chief Minister had said on the 155 00:08:19,240 --> 00:08:21,960 Speaker 1: show on Monday that I thought was really interesting is 156 00:08:22,000 --> 00:08:24,640 Speaker 1: she had said that one of the first things she 157 00:08:24,800 --> 00:08:28,480 Speaker 1: thought to herself after finding out that that young person 158 00:08:28,520 --> 00:08:32,559 Speaker 1: had absconded. As we touched on and spoke extensively about 159 00:08:32,720 --> 00:08:36,160 Speaker 1: last week, one of the first things that she asked herself, 160 00:08:36,200 --> 00:08:39,559 Speaker 1: and she's then asked obviously of the department. I'm assuming 161 00:08:39,600 --> 00:08:42,719 Speaker 1: as well, is how many other times has there been 162 00:08:42,800 --> 00:08:46,439 Speaker 1: situations where somebody's been bailed or where the department has 163 00:08:46,440 --> 00:08:49,480 Speaker 1: had to pay for them to attend a funeral or 164 00:08:49,520 --> 00:08:50,840 Speaker 1: to attend something else. 165 00:08:52,360 --> 00:08:54,600 Speaker 2: Yeah, And I mean she's asked the question. It'll be 166 00:08:54,600 --> 00:08:55,520 Speaker 2: interesting to see. 167 00:08:56,000 --> 00:08:58,240 Speaker 1: She gets an answer, she gets it well. 168 00:08:58,280 --> 00:09:01,960 Speaker 2: I know this is another frustration of the government that 169 00:09:02,000 --> 00:09:05,760 Speaker 2: this government is the difficulty that they've had. I think 170 00:09:05,760 --> 00:09:08,080 Speaker 2: we touched on on Friday. Yeah, but the difficulty they've 171 00:09:08,080 --> 00:09:11,800 Speaker 2: had at times getting information out of departments and information 172 00:09:11,880 --> 00:09:15,720 Speaker 2: that they believe that as the government they should be receiving. 173 00:09:15,840 --> 00:09:18,880 Speaker 2: So you know, there's a new sheriff in town, Katie, 174 00:09:19,000 --> 00:09:23,320 Speaker 2: and I think we're playing by different rules. So interesting times. 175 00:09:23,360 --> 00:09:25,600 Speaker 1: Well do you know what. There's messages coming through about 176 00:09:25,600 --> 00:09:28,400 Speaker 1: this already this morning, people saying, what a great idea 177 00:09:28,640 --> 00:09:30,599 Speaker 1: moving the courts to the prison. I can't believe we 178 00:09:30,640 --> 00:09:34,280 Speaker 1: aren't already doing it, and now that they've suggested it, 179 00:09:34,520 --> 00:09:37,560 Speaker 1: consolidating resources, but we need to ensure victims will be 180 00:09:37,600 --> 00:09:40,960 Speaker 1: able to attend so they witness the justice that they deserve. 181 00:09:41,040 --> 00:09:43,200 Speaker 1: That one they're from tigues, you know, they're just some 182 00:09:43,280 --> 00:09:45,240 Speaker 1: of That's just one of the messages coming through. The 183 00:09:45,280 --> 00:09:48,400 Speaker 1: tech signs already lighting up, Matt And you know, I 184 00:09:48,400 --> 00:09:49,760 Speaker 1: think at the end of the day, we need to 185 00:09:49,800 --> 00:09:52,160 Speaker 1: be looking at doing things differently. I'm certainly not an 186 00:09:52,200 --> 00:09:54,600 Speaker 1: expert when it comes to the judicial system, nor would 187 00:09:54,640 --> 00:09:57,880 Speaker 1: I profess to be, but it looks as though the 188 00:09:57,920 --> 00:10:01,120 Speaker 1: government is intent on trying to speed things up. 189 00:10:02,520 --> 00:10:04,640 Speaker 2: Well, there's no doubt about that, Katie. And there's no 190 00:10:04,679 --> 00:10:07,040 Speaker 2: doubt that they need to. I mean, the justice system 191 00:10:07,160 --> 00:10:09,560 Speaker 2: at the moment is in absolute crisis, and we've spoken 192 00:10:09,559 --> 00:10:11,960 Speaker 2: about it for a long time, and even before the election. 193 00:10:12,080 --> 00:10:15,080 Speaker 2: You know, you've had all of the issues that we've 194 00:10:15,080 --> 00:10:18,800 Speaker 2: seen with NAJA, with the backlog in the courts, just 195 00:10:19,040 --> 00:10:23,559 Speaker 2: you know, the system is clearly overwhelmed and we're seeing 196 00:10:23,600 --> 00:10:25,720 Speaker 2: more and more people being arrested and put before the 197 00:10:25,760 --> 00:10:28,559 Speaker 2: courts and at the moment the courts just can't keep up. 198 00:10:28,640 --> 00:10:32,200 Speaker 2: So I'd be interesting interested to hear more of the 199 00:10:32,200 --> 00:10:35,800 Speaker 2: feedback from your listeners about this one, because some might 200 00:10:35,840 --> 00:10:38,640 Speaker 2: say it's a pretty innovative plan, but yes, clearly one 201 00:10:38,640 --> 00:10:41,240 Speaker 2: that I don't think is being particularly well received by 202 00:10:41,240 --> 00:10:42,400 Speaker 2: the judiciary at the moment. 203 00:10:42,640 --> 00:10:45,520 Speaker 1: Well, Matt Cunningham, we will no doubt hear more about 204 00:10:45,520 --> 00:10:48,160 Speaker 1: it throughout the morning and throughout the week, breaking lots 205 00:10:48,200 --> 00:10:49,600 Speaker 1: of news at the moment, aren't. 206 00:10:49,400 --> 00:10:55,319 Speaker 2: Your mate, That's what they pay me for, apparently it is. 207 00:10:55,559 --> 00:10:58,120 Speaker 1: It is, Matt Cunningham, good to catch up with you. 208 00:10:58,160 --> 00:10:59,640 Speaker 1: Thanks so much for your time. 209 00:11:00,280 --> 00:11:01,280 Speaker 2: Thanks Gadie, thank you