FIVE accused drug dealers have walked free from court on Monday after a local magistrate dismissed dozens of serious trafficking charges due to ongoing delays in the Major Indictable Brief Unit (MIBU).
South East men Jason Davies, 45, Aaron Brooksby, 39, James Hillman, 47, Aaron Devereux, 34 and Brenton Davies, 25, all appeared in the Mount Gambier Magistrates Court facing serious drug trafficking offences.
Despite the seriousness of the alleged offending, each man was released from their bail – some from strict home detention conditions – after Magistrate Teresa Anderson refused to give the MIBU and Director of Public Prosecutions (DPP) more time to reach a charge determination.
It was the second time the MIBU have asked for an extension, coming over 11 months after the defendants first appeared in court to face the charges.
Frustrated defence counsel asked for the charges be dismissed, stating the DPP was “taking control out of the courts hands”.
Magistrate Anderson agreed with the submission.
“It has almost been 12 months since some of the defendants first appeared in court,” Magistrate Anderson said.
“Very little notice has been taken of the timeline set by the court and I had the understanding the file would have been transferred to the DPP by now.
“I am not prepared to grant an adjournment and extend the charge determination date.”
She announced she would be dismissing the charges.
Magistrate Anderson indicated the defendants could be re-arrested if the DPP makes a decision the charges will proceed in the future.
“There is nothing that prohibits the file still being transferred to the DPP,” Magistrate Anderson said.
“The charges can come back before the court and proceed, hopefully in a timely manner.”
It is a major set-back for the police who first laid the charges in June last year following a 12-month drug investigation by the Serious and Organised Crime Branch (SOCB).
A total of 43 officers conducted dawn raids on a number of different premises in Naracoorte, Mount Gambier and Penola to complete the arrests.
At the time of the arrests, Detective Chief Inspector Tony Crameri from the SOCB Drug and Organised Crime Task Force said it was a significant result for the local community.
“Methamphetamine has a damaging effect on the community and it is certainly magnified in rural areas and it is very pleasing that we have been able to break down this syndicate,” Det Crameri said last June.
“One of the men will face a total of 34 counts, so some of them are significant charges, which will all come out in the court processes.”
However, it is now unclear whether the details will ever come out in court, with no charges presently laid.
Monday’s proceedings were a reflection of current problems the court system has faced since reforms were introduced just over a year ago.
Major delays in court processes has left many accused criminals waiting several months for their cases to reach District Court.
