Posted on August 27, 2009
Source: Hon Iain Evans MP
Deputy Chief Magistrate Andrew Cannon is right to raise public debate about the issue of people who are charged and acquitted being able to recoup some of their defence costs, according to Iain Evans, Member for Davenport.
Dr Cannon is quoted in The Advertiser of the 25th August 2009 as saying;
‘A person who is acquitted should generally recover a predictable amount of costs…’
It is reported that Dr Cannon told a Federal Government Inquiry that the awarding of costs should be left to judges, because in some acquittals the accused may not deserve money.
According to The Advertiser Dr Cannon told the Inquiry
‘At the moment, to be charged with an offence in a major indictable matter is financially extremely expensive… It is inconsistent with the presumption of innocence that a person who is acquitted is left with a legal bill which may be tens of thousands of dollars.’
“There is no better example of someone being acquitted and left with the bill than Tom Easling,” Mr Evans said.
Mr Easling’s successful defence, where he was acquitted of all 20 charges, cost him $2 million- $2 million he can’t get back.
Mr Easling, a career public servant, was fortunate to have family and friends with the capacity to raise the $2 million for his defence.
“I am also aware of another case, where an 80 year old pensioner spent $30,000 successfully defending his innocence. He can’t get that back but where does a pensioner find $30,000?” Mr Evans said.
“Dr Cannon is right to raise the issue of recouping some or all of the defence costs where people are acquitted. It is an important public debate in the interest of delivering a fair justice system. I welcome Dr Cannon’s comments and the public debate,” Mr Evans said.