Justice Jeff Shaw Outstanding Court Cases
On 16 November Rev The Hon Dr Gordon Moyes AC MLC asked the Minister For Justice representing the Attorney General a question without notice regarding the outstanding court cases of Justice Jeff Shaw.
Dr Gordon Moyes asked the Minister for Justice if he was aware that the family of intellectually disabled girl, Rhiannon Richards, would have to apply for a retrial of their case because former Jeff Shaw resigned due to an alleged drinking problem before he delivered his judgment.
“Is the Minister aware that the family is now liable to foot a legal bill of $800,000 and that Rhiannon Richards family is only of modest means?”
“Is the Minister also aware that Rhainnon Richards’ case was one of two cases that await Justice Jeff Shaw’s judgement and further aware that the maximum compensation provided by the Government under the current legislation is only $10,000. What if any, initiatives will be introduced by the Government to remedy this injustice to a family already traumatically disadvantaged?” Dr Moyes inquired.
On Tuesday 22 Febuary 2005, the Attorney General provided the following response:
“Immediate action has been taken by the Chief of Justice to reallocate this case to Justice Hoeben. I understand that at this stage the parties in this case have indicated that they do not wish the matter to be entirely reheard, and every endeavour will be made to limit consideration to the transcript of evidence, and a few key controversial issues.To a significant degree, the extent of additional costs incurred will depend on the extent to which the parties work with the court to minimise the need for any rehearing of any aspects of the cases. Within that framework, Justice Wood has recommended that the parties should not be out of pocket as a result as a result of the need to relist the case. I, of course, concur with that recommendation. Other cases affected by Justice Shaw’s resignation will be considered by the court and then by my department in a similar manner.”
