Chief Justice Michael Grant has issued a rare public statement in the wake of public outrage over a young offender being granted bail to fly to Lajamanu on a taxpayer-funded chartered plane for a funeral that he later absconded from, telling the public their criticism of the situation is misguided and that they fail to understand “the circumstances of compassionate bail”, while also criticising the current legislation.
The young offender, who was in remand for his involvement in a violent Alice Springs home invasion in December that saw a baby and her mother attacked with a weapon leaving the baby’s skull fractured, was granted bail to attend his grandfather’s funeral in Lajamanu last week, but escaped from custody after being taken to a house in the community and was on the run for a day before being apprehended.
It was reported Territory taxpayers paid more than $7,000 for a charter flight for the young offender to travel to the remote community for the funeral.
Mr Grant said in his statement on Wednesday morning that it was established at the Youth Court bail hearing on February 12 that the young offender, identified as “XR”, was not the teen “in possession of the metal fridge handle which caused the injury to the infant and was not the person who caused that injury”.
It was also established at the bail hearing that XR has been under the care of the Department of Children and Families since he was eight years old. His “legal team” made the application for compassionate bail for the now 17-year-old, with the department providing a quote for the cost of the charter flight.
Justice Meredith Day Huntingford upheld the Youth Court’s decision to grant bail after considering that XR “came from a disadvantaged background”; that he was diagnosed with Foetal Alcohol Spectrum Disorder; and that the dead grandfather was “the only significant father figure” the boy knew.
However, it was made clear that corrections staff had not approved youth justice officers to accompany him because the “risk was unacceptable”. They had agreed to “liaise” with Children and Families to develop a “safety plan” for the trip.
XR had told his lawyers and case manager that it would “be shameful for him to run away” at the funeral, which also played a part in the bail decision.
Prosecutors had opposed bail because of the nature of the current charges he was facing, as well as his “long history of prior offending and non-compliance with court orders” that raised concerns about him absconding or committing another crime. The Office of the DPP also opposed bail on the grounds that there was “no evidence” the “safety plan” was properly developed and that there would be no correctional staff to escort XR.
The bail was granted anyway, after it was confirmed the safety plan was in place, on the conditions that he be accompanied at all times by his case manager and two “Holtze employees” and that on his arrival back in Darwin that he be immediately returned to remand at the Holtze youth jail.
The Office of the DPP sought an “urgent review” by the Supreme Court, Mr Grant wrote, however the court upheld the bail decision and the plan was altered to include a “throughcare officer” from NAAJA to tag along and that all people escorting the offender needed to be male for “cultural” reasons. (Mr Grant later issued a correction on Wednesday night, stating that the condition that a NAAJA officer attend was changed on February 19 – the day of the travel – to substitute the NAAJA officer for another Department of Children and Families employee).
The Supreme Court amended the bail conditions to specify that XR “must be accompanied at all times” while in Lajamanu, that he “must not be out of eyesight” at any time and that he was to “participate only in funeral-related activities”.
There was no condition that XR be fitted for an ankle monitoring device, Mr Grant wrote.
The teen escaped custody after Children and Families staff took him to a residence in the community “to collect personal items before returning to Darwin”. It was at the home that he and another community member fled into “thick scrubland at the rear of the property”.
There was nothing in the bail conditions to indicate that the boy should be permitted to attend a private residence.
The police apprehended XR after sending in the Fugitive Task Force to Lajamanu.
Grant defends bail, says Bail Act followed but could be changed by govt
Chief Justice Grant said the Supreme Court was required to assess the granting of bail against Section 24 of the Bail Act, including the probability of the person appearing in court, the “needs of the person to be free for any lawful purpose”, whether the person is a youth, cultural background “including any ties to extended family or place”, and the risk the person would commit an offence or breach bail.
He did not explain how the court reasoned XR would not breach the bail when the Office of the DPP and corrections staff stated they were deeply concerned he would.
Mr Grant added that because XR is a youth, the court also had to consider section 24A of the Bail Act, which states that all options need to be considered before remanding a youth in custody, the “need to strengthen and preserve” the young offender’s relationship with family, the “cognitive capacity, health and developmental needs of the youth”, and Aboriginal cultural considerations.
Mr Grant put some of the blame back on the CLP Government, suggesting it could change the bail laws, noting NSW legislation requires bail not to be granted unless the court has a “high degree of confidence the young person will not commit a further offence while on bail”.
Mr Grant concluded his public statement by stating that compassionate bail was granted “frequently” to adult offenders and youths in the NT for cultural reasons.
“Those determinations require a complex balancing exercise between the competing considerations under the bail legislation,” he wrote.
“The risk of some breach of bail must be balanced against the conditions of bail which might be imposed to reduce that risk and the need to adopt a humane approach to family bereavement and cultural obligation. There is rarely any breach of the conditions of bail granted for compassionate reasons.”
Mr Grant’s statement follows Chief Minister Lia Finocchiaro’s comments on radio this week, in which she said the decision to grant bail for the teen to go to the funeral “defies logic” and that “it fails to meet community expectation”, adding that judges need to “stand by” their decisions.
NOTE: This story was updated to reflect the Chief Justice’s correction that NAAJA staff did not take part in the travel with the teen to Lajamanu.
Doesn’t pass the pub test, does it? Almost makes me think we need a DOGE.
Out of touch, arrogant Chief Justice. It is time that judges are held responsible for what can only be described as to their perverse decision making. These two clowns need sacking, or made to reimburse the taxpayer from their own pockets.
So bail was granted for ‘Cultural’ reasons even though the prisoner has a long history of offences and suffers from FASD. This to me, would suggest that Justice Meredith Day Huntingford doesn’t understand the nature of this disability.
‘The majority of children and adults who have FASD live with significant cognitive, behavioural, health and learning difficulties, including problems with memory, attention, cause and effect reasoning, impulsivity, receptive language and adaptive functioning difficulties.’ That is from the ‘National Organisation for Fetal Alcohol Spectrum Disorders’, however, she believed him when XR had told his lawyers and case manager that it would “be shameful for him to run away” at the funeral. He obviously doesn’t know what shameful means and she obviously does not know the horrendous effects of his mother’s choices. I face it first-hand.
To suggest that his Grandfather was “the only significant father figure” is a joke as he has no compassion.
It is time that the ‘Justice System’ and Government, listened to the Elders (Full-Blood) about the wisdom of the Indigenous and not think that our system works better. We can then start to close the gap based on a society 30 times older than our own.
He was an alleged accomplice to an horiffic attack on innocent people and gave up his right to compassion on that day.
To suggest that the CLP are somehow responsible for so many laws that need changing in only six months of Government after more than 2o years of Labor is a total cop-out. Smart, educated decisions are supposedly the responsibility of Judges. Expand your knowledge as is Your responsibility. FASD is an epidemic in the Indigenous communities.
I am saddened that that this young fellow suffers from this condition, as do many others but it doesn’t change the facts and he has no rights due to his families choices, not ours.
The charter was the cheaper bit.
1 x Court case to get compassionate bail, (include cost of Dept staff to liaise with family, prison and legals, NAAJA legals, DPP staff and legals, Court Judge and staff).
1 x urgent review in Supreme Court, (again cost of Dept staff and legals, DPP staff and legals, Court Judge and staff)
1 x funeral clothes for prisoner (the cheapest expense of the whole exercise but still paid by the taxpayer)
1 x charter (include charter fee plus cost of accompanying adults, cost to transport to airport and associated staff)
NT Police ‘Specialist Unit’ to fly to Lajamanu and return with prisoner (include air charter/s plus cost of specialist staff, transport to and from airport)
1 x NT Police situation management (include staff costs for internal planning, approvals, briefings, reporting and recording, briefing ministers and media).
Dept of Children and Families, Dept of Correction situation management (include staff costs for internal planning, approvals, briefings, reporting and recording, briefing ministers and media management)
Ministers and ministerial staff (include costs to receive briefings, liaise with other relevant Ministers, plan, manage media, debrief with Depts, revise policy)
1 x Court case for absconding whilst on bail (include cost of Dept staff to liaise with family, prison and legals, NAAJA legals, DPP staff and legals, Court Judge and staff)
Anyway, a conservative back-of-the-envelope estimate is $67,000.
Would say it is the Chief Justice and the dill you gave him bail who are miss guided, neither of them should have a job.
Unfortunately, this is a clear demonstration of how far the legal system is out of touch with both Aboriginal and Non- Aboriginal community requirements.
Just trying to justify their idiocy. Send them the bill for payment
This is the exact bloodline within the Judicial system that nourishes, at the cellular level, piss poor performance !
Justice Grant l fear, believes in fairies, the Easter bunny and Father Christmas!
Well done CLPALP you do Territorians proud with this fellow maintaining his appointment!
Territorians in fact Australians please let us know if you have l had incarcerated loved ones that were granted leave to attend family funerals, please also educate us if the public purse funded a private air charter also.
Sometimes l wonder “ Are there humans that are actually aliens- Why because the shit we are read and are exposed to is really unbelievable and out of this world!
If all personnel who supported this 17-year-old’s release are not sacked then no reforms to the crime mitigation process are possible. Too many judges are incompatible with community requirements. Their claims that they must make independent judgements are not supported by the outrageous extent of recidivism and violations of court orders that are now the rule rather than the exception.
Judges – including the Chief Justice, should be required to serve a number of hours per year in community organizations so that they stay in touch with the people subject to their judgements. It is clear that over time, they become completely out of touch with community values and expectations.