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Victoria greenlights first judge-alone criminal trial
In a landmark ruling, Victoria has greenlit the first judge-alone criminal trial. The decision brings one case forward by almost 10 months amid the coronavirus delays.
Naomi Neilson
County Court Chief Judge Peter Kidd granted Victoria’s first state application for accused Lionel Combo. He was set to face trial in May due to an alleged attempted armed robbery in February, but restrictions and cancellations of jury trials delayed proceedings.
“It seems to me that within the context of this legislation, the advantages of continuing on the business of the court and mitigating the serious issues of delay are powerful factors in favour of ordering a trial by judge alone,” Judge Kidd said in a written submission.
“I am also satisfied that it is in the best interests of justice that an order that the accused be tried by a judge alone be made.”
Mr Combo’s lawyers applied for his trial to be heard by a judge because they expected it to only be short, with just two men and one police officer giving evidence. His lawyers told the court that the trial would only be confined to a narrow issue of factual dispute.
The lawyers have also argued that as a young Indigenous man in custody, the uncertainty of not knowing his fate or a possible sentence was weighing heavily on Mr Combo.
Judge Kidd said while jury verdicts brought a unanimous decision, judges were trained to consider evidence impartially and were required to provide written reasons for verdicts.
“Judges are trained to bring an objective and dispassionate mind to frequently emotional subject matter, putting aside any prejudice,” said Judge Kidd about a jury-free trial.
Prosecutors supported the defence application and said the alleged victim was impatient for the case to be heard soon. The trial will be heard by Judge Paul Lacava at a later date.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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