By Cam Lucadou-Wells
CASEY councillor Wayne Smith has defended the under-fire Bail Justice system in the wake of a man being charged with murdering five people in Bourke Street, Melbourne while on bail.
Cr Smith, a Bail Justice who has presided over 995 cases in the past 11 years, called for peak body Royal Victorian Association of Honarary Justices to break its silence and back the volunteer Bail Justices.
“There’s been concern that bail justices aren’t getting support in this instance.”
Bail Justices – though not as steeped in the law as magistrates – were highly trained in applying the state’s Bail Act, Cr Smith said.
He said that as part of his training, he attended Melbourne Magistrates’ Court for a week, sat an exam and practical assessments.
As the Bail Act has changed, BJs received updated training including online tests to ensure they could apply the act.
“I’d like to think all of my decisions are fairly well considered.
“I’m far from a hanging judge but I’d think I’ve only bailed people 20-30 times.”
A BJ is typically called into police stations after-hours to decide on serious offenders. For less serious charges, police can often release a person on bail or summons.
“When you’re called up, the chances of them being released is usually pretty slim.
“It’s not a personal decision and I’m not being nasty. I’m just applying the Bail Act.
“I can say I’ve never left the police station and had any doubt I’ve made the right decision.”
After recent public outcry, the State Government moved to replace BJs with magistrates sitting in a night court – a proposal that would require extreme resources, Cr Smith said.
Cr Smith is one of up to seven BJs in the Casey, Cardinia and Greater Dandenong region. He alone can hear up to six cases on a weekend.
He hoped the system wouldn’t be scrapped, describing it as a “good tradition” to have an “ordinary person in the community” involved.
Cr Smith said BJs based their decision on the applicant’s criminal history, risk to public safety and whether they had suitable accommodation.
The prime issues were whether the applicant was likely to re-offend and likely to abscond from court.
He felt sympathy for the unnamed bail justice who had released Dimitrious Gargasoulas less than a week before he allegedly drove his car into pedestrians on 20 January.
“There are people on social media saying name them and shame them.
“(The BJ) was just doing their job.
“We are volunteers but we are very highly trained – that’s what hurt me the most.”
