Morcombe trial will go ahead 'this year'

DANIEL Morcombe; and what public prosecutors are paid in Victoria compared with Queensland. Source: The Courier-Mail

QUEENSLAND'S chief justice says he has been reassured the trial of the accused killer of schoolboy Daniel Morcombe is being dealt with promptly.

Daniel was 13 when he went missing while waiting for a bus on the Sunshine Coast in December 2003.

Brett Peter Cowan, 43, was committed in February to stand trial for Daniel's abduction and murder.

Chief Justice Paul de Jersey has reportedly said the case will not be heard until next year because the office of the Director of Public Prosecutions (DPP) lacks resources.

But Justice de Jersey issued a statement on Tuesday denying he was critical of Attorney-General Jarrod Bleijie and the Director of Public Prosecutions.

He says he has spoken to them and been reassured that Cowan's trial is proceeding "regularly".

"The present reassurance is that the Cowan matter will be dealt with regularly, and with a promptness which other jurisdictions probably could not deliver," Justice de Jersey said.

He said if a pre-trial application were made, a common feature of major criminal proceedings, the matter should be able to go ahead before the end of the year.

Denise and Bruce Morcombe

The government had provided the Supreme Court with additional resources, including the appointment of an additional judge last year, he said.

Mr Bleijie says he has no doubt Cowan will be before the courts by the end of the year.

"They are on track to deliver the indictment by the required time, and that's August this year, and that will proceed to a pre-trial," he told reporters in Brisbane on Tuesday.

"We actually will see, in one form or another, this matter go before the courts before the end of this year."

Mr Bleijie said the government would like the matter to proceed to trial as soon as possible.

But the DPP needed time to gather evidence so it could prosecute properly.

"It's important at this stage that I, as attorney-general, don't step over the boundaries in terms of telling the DPP how to run their office," he said.

"At this point in time the director has assured me directly he believes the resources are adequate to address these upcoming trials."

Mr Moynihan released a statement on Tuesday afternoon saying 100 per cent of cases were being heard within a statutory time frame.

"My office has the resources necessary to prosecute the matters listed for hearing," Mr Moynihan said.

Earlier today, it was reported that the case against Daniel Morcombe's accused murderer had been delayed until next year because the office of the Director of Public Prosecutions doesn't have enough experienced lawyers.

Queensland Chief Justice Paul de Jersey has told The Courier-Mail the case against Brett Peter Cowan could have been heard this year, but the office lacked the resources.

Queensland's Office of the DPP has an operating budget of about $40 million. In comparison, the NSW office spends almost $70 million on salaries alone.

Senior Crown prosecutors in Queensland are paid up to $125,000 a year, a fraction of what they could make in the private sector and about a third of what their Victorian and NSW counterparts earn.

Lawyer shortfall prolongs grief for Morcombes

The news has infuriated the lawyer for the Morcombes, who lost their son in 2003.

It has equally angered the lawyer representing Cowan, who is on remand.

Speaking about the Supreme Court's capacity to work through criminal cases but stressing he was not being critical of the State Government or DPP Tony Moynihan, Justice de Jersey said it was "desirable" for cases to come on quickly.

"We could have heard the Morcombe/Cowan trial in the Supreme Court this year but the resources at the DPP were not adequate," he said.

"They didn't have enough senior prosecutors to be able to deploy them into the Cowan trial to come on this year (and) it will come on next year.

"In principle, criminal trials should come on, after committal, within months rather than years.

"Ideally, the DPP should be resourced so that can happen. But I accept the reality that public resources are limited . . . and how they are ultimately deployed is the Government's call."

Bruce and Denise Morcombe's lawyer Peter Boyce said this was another blow for the grieving parents.

Cowan's lawyer Tim Meehan said he wrote to the Crown this month asking when it planned to present an indictment.

"Brett, he wants to have a trial. He was prepared for this year, as were we," Mr Meehan said. "(The delay) is just not good for anyone. It's certainly not good for Mr and Mrs Morcombe and their family and my client and his family."

Attorney-General Jarrod Bleijie this morning said he had spoken "directly" to the Director of Public Prosecutions Tony Moynihan, who had assured him there were adequate resources in his office to conduct the matters.

"Under the law, the DPP has until August this year to present an indictment," said Mr Bleijie outside the Queen Elizabeth II courts this morning.

"They're on track to present an indictment by August then the process will be the pre-trial hearing, then you'll have the trial.

"We will actually see in one form or another, this matter go before the courts in the pre-trial and indictment phase before the end of the year."

He said it was not his place to direct the Office of the Director of Public Prosecutions but he empathised with Bruce and Denise Morcombe.

"I do empathise with them because these delays can cause hurt to the families, but I do say there are processes in place," Mr Bleijie.

"I rely on the advice from the director (Mr Moynihan) and he's assured me he's got adequate resources."

For more than a decade The Courier-Mail has reported under-resourcing at the state's prosecution body amid fears of a "brain drain".

Earlier this year, the ODPP paid private Barrister Peter Davis, QC, to prosecute the case against former Bundaberg Base Hospital surgeon Jayant Patel. When the not-guilty verdict was handed down, Mr Davis was already in another court representing Gerard Baden-Clay, who is accused of murdering his wife.

A spokesman for Mr Moynihan would not comment on claims of under-resourcing.

"The ODPP has a statutory obligation to present indictments within six months of committal. These obligations will continue to be met," he said.

Attorney-General Jarrod Bleijie said he was assured the ODPP was adequately funded.

"Mr Moynihan has indicated he has sufficient prosecution staff to deal with the current workload," Mr Bleijie said.

There are 70 crown prosecutors and about 25 are of principal crown level or above.

Criminal lawyer Bill Potts said there would only be two or three crown prosecutors who would have the skills to handle the complexity and high-profile nature of the Morcombe case.

He estimated if the ODPP outsourced the matter it would cost about $60,000 a week for up to four months.

DPP shortfall prolongs grief for Morcombes

THE lawyer representing the parents of Daniel Morcombe is frustrated by the delay in the case against the man accused of the teen's murder.

Nambour solicitor Peter Boyce said Bruce and Denise Morcombe needed closure but it was being delayed by a lack of resources at the Office of the Director of Public Prosecutions.

"Bruce and Denise just want this to be finished," Mr Boyce said. "It's really difficult to move on when the most significant part of the process, the trial, is still to come."

Brett Peter Cowan, 43, was charged with Daniel's murder in August 2011 and in February this year, he was committed to stand trial.

Chief Justice of the Supreme Court Paul de Jersey said the matter could have been brought on this year but the DPP did not have an available senior prosecutor to try the matter. It will now be heard next year.

Under the Criminal Code, the ODPP has until August 6, 2013, to present an indictment in the Supreme Court.

While it is likely an indictment will be presented by this date, the case will not be heard until next year because pre-trial work will be required, and an available senior prosecutor will be needed.

The Morcombes have been left frustrated with the justice system in the past.

It was only in November that Daniel's remains were returned to his family after State Coroner Michael Barnes ordered their release. Bone fragments identified as belonging to Daniel were found at a search site at the Glass House Mountains in August 2011.

A formal bid for their release began in August when Mr Boyce applied to the Coroner.

Mr Barnes made the decision to release the bones after Cowan signed a three-page document stating he did not require the remains for his defence. 

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