You might be aware of the heavy delays facing the criminal justice system in New South Wales, with the District Court alone reporting a backlog of almost 2,000 trials.
To ease this burden, the state Attorney-General Gabrielle Upton recently announced the appointment of two new District Court judges, who will specialise in hearing child sexual assault cases in courts across the state.
Who Are the New Judges?
The two new judges are both very experienced women lawyers – Ms Jennie Girdham SC and Ms Catherine Traill.
Ms Girdham SC is a former Crown Prosecutor who has appeared in several high-profile cases – most notably the Keli Lane appeal in 2013. She was admitted as a lawyer in 1986 and became a barrister in 2002.
In the Lane case, former water polo champion Keli Lane sought to appeal her conviction for murdering her child Tegan Lane, whose body was believed to be dumped by a roadside just days after she was born at Auburn Hospital on September 12, 1996.
Ms Lane was convicted of found guilty of the baby’s murder on 15 April 2011. She was sentenced to 18 years imprisonment, with a non-parole period of 13 years and 5 months. A ‘non parole period’ is the time that a person must spend in prison before being eligible to apply for release.
On appeal, Ms Lane’s barrister, Winston Terracini, argued that the lesser charge of manslaughter should have been left open to the jury because there was insufficient evidence to suggest that the baby was murdered – as opposed to dying from an act of ‘gross negligence.’
Representing the Crown, Ms Girdham SC successfully argued that there was no evidence to support a charge of manslaughter, stating:
‘To dump a two-day-old child, in the Crown’s submission, it would amount to murder because one would know that if you left a child where the child was not found it would demonstrate an intention the child would not live.’
Kate Traill has led an equally accomplished career. Becoming a barrister 1987, Ms Traill practised as a Crown Prosecutor between 2009 and 2010 before returning to private practise. She has served as an elected member of the NSW Bar Association since 1990, and was also an Appointed Criminal Listing Review Committee representative of the NSW Bar Association for the District Court.
She too has acted in a number of high-profile cases, including the trial of a Catholic priest who was found guilty of 23 child sex offence charges in 2012.
Representing the Crown, Ms Traill led evidence about several allegations concerning sexual acts performed on young boys between the 1980s and early 90s.
In one instance, an eight year old altar boy who suffered from a physical disability was told to look at an image of Jesus while the priest performed oral sex upon him.
Both judges were formally sworn in on the 24th of August 2015.
Judges to Hear Child Sex Offence Matters
Both judges will specialise in child sexual assault cases, which comprise a whopping 60% of all criminal trials heard in New South Wales each year.
Their appointment is part of an election promise by the Baird government to crack down on child sex crime and impose tougher penalties for convicted offenders.
In the lead up to this year’s state election, Mike Baird announced a new pilot specialist child sexual assault judicial program, which would see two new judges appointed to travel around the state; thereby reducing the waiting time for child sexual assault cases.
Both judges will be equipped with specialist training on how to best manage these stressful cases, including how to accommodate for child witnesses who have suffered immense trauma and suffering. The training program will be developed in consultation with the Chief Judge of the District Court as well as the Judicial Commission of New South Wales.
The pilot program is part of a broader package being rolled out by the Baird government, which sees child sex offenders facing a maximum penalty of life imprisonment, as well as higher standard non-parole periods for a range of offences. Standard non parole periods are a guidepost for judges when they are sentencing offenders, and normally lead to longer sentences being imposed.
The government has also proposed to introduce support mechanisms for child witnesses, including ‘Children’s Champions,’ who will be trained to support children through court cases. Efforts will also be made to ensure that children are kept out of court – and are cross-examined in safe spaces. Cross examination is where the opposing lawyer asks the witness questions.
These measures are expected to be rolled out across the state before the end of this year.
