Canterbury Crown Court: Ministry of Justice slammed over court delays
Published: 00:01, 14 July 2018
Victims of crime and defendants facing trial are enduring months of turmoil over “terrible” delays to cases being heard in Canterbury.
Figures reveal the average time between a case arriving at Canterbury Crown Court and a trial starting has leapt from 13.6 weeks to 23 in the last five years.
It has led to claims the justice system is “broken”.
Now, following the collapse of a high-profile case in the city, defence lawyer Oliver Kirk has slammed the Ministry of Justice (MOJ) for not funding visiting judges - known as recorders - despite it recently forking out £22,329 to re-carpet the court.
“There is a lack of judges,” he said. “I have heard a judge say this in court. There are terrible delays in dealing with people on bail - often they are waiting for more than a year.”
Mr Kirk was speaking after an assault case - which was twice delayed because no judge was available - collapsed two years after it was first sent to trial.
Promising cricketer Josh Jones, 25, was seriously injured outside Club Chemistry in May 2016, and needed titanium plates inserted into his head.
Two men accused of attacking him, Toby Wood and William Goldsworthy, said they had acted in self-defence. Neither had any previous convictions.
Both men, who live in Whitstable, were later charged with GBH with intent, which carries a maximum sentence of life imprisonment.
A date for their trial was set for September 2017, but there was no judge available so the case was adjourned until November.
A key prosecution witness living in Dubai was unable to make that date, so there was a further adjournment until March this year so he could fly back.
But the night before the trial an email was circulated confirming there were no judges free to hear the case.
Another date was set for September this year, but in May the case collapsed after the key witness - fed-up with the delays - refused to again travel over from Dubai to testify.
As a result, the Crown Prosecution Service offered no evidence and the men were acquitted.
Mr Kirk, who was defending Goldsworthy, says the system has failed both the victim and the defendants. He said: “The system let them down, or ground them down. Nobody achieved justice here.
“Why were there no judges, twice? Because the Ministry of Justice won’t fund them.
“During all of this, the young men’s lives are on hold. Their lives are in the balance. If they are found guilty, they will get very long sentences.
“No matter how much they say that they are innocent, there remains the chance that they might be found guilty.
“Imagine the pressure. That sick feeling in the stomach every day, every time you, or your family, think of what might happen.”
In a statement, the MoJ admitted there have been problems with delayed cases but only after the Gazette issued a Freedom of Information request to obtain the figures.
It confirmed two circuit judges at the city court left their positions three and two years ago - and only now is one finally due to be replaced.
A spokesman said: “A new circuit judge is due to start work on July 16, 2018, and the court is confident this will boost performance and reduce waiting times.
“The delivery manager and listing officer meet regularly with the resident judge to discuss listings and go through the diary – to ensure the court works as efficiently as possible.”A recorder’s daily fee is set and reviewed by the Senior Salaries Review Body(SSRB). The daily cost to the court service of a recorder is £969.25.
Defending the carpet spend, the spokesman added: “All of the work took place out of hours to keep disruption to the court and hearings to a minimum.
“The old carpet was fully worn through and had been repaired several times.”
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Jodie Nesling