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NSW magistrate slams ACT top court for ‘rude’ intrusion
After what could be a possible miscommunication between two courts, a NSW magistrate has accused ACT’s top court of effectively placing him in “handcuffs” and telling him how to sentence a serial offender.
Tony Zhang
In a court recording obtained by the ABC, Magistrate Roger Clisdell labelled the intrusion by the ACT Supreme Court as “rude” and said he did not appreciate “being told what to do by another jurisdiction”, even one “higher up the food chain”.
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Magistrate Clisdell made the remarks during the sentencing of Jermaine Goolagong in Queanbeyan Local Court on 16 January.
The incident all started when Mr Goolagong, who is a convicted Canberra criminal was set to appear in the Queanbeyan court in NSW.
A day before he appeared in the Queanbeyan court, Mr Goolagong had been in front of the ACT Drug Court – a therapeutic court operating within the Supreme Court – where he was to be sentenced for stealing cars.
Instead of facing jail time, Mr Goolagong had asked to be sent to residential rehabilitation in NSW.
In a separate audio recording, Acting Justice Lorraine Walker can be heard granting Mr Goolagong bail for a day, to go to NSW to clear up the other matter, before directing him to appear before her again the following week for sentencing.
Supreme Court registrar Amanda Nuttall then emailed the Queanbeyan court, explaining Mr Goolagong was in custody on charges in the ACT and had been assessed as suitable for drug and alcohol sentencing.
“Depending on the outcome of the sentencing before the NSW Local Court, the bail order requires Mr Goolagong to be returned to the custody of [the ACT’s prison],” she said.
“It is the court’s understanding that there is a residential rehabilitation placement for Mr Goolagong in NSW.”
When the matter arrived before magistrate Clisdell, he expressed surprise and amusement at the unusual situation but then it turned into frustration.
“It appears the ACT Supreme Court is attempting to direct me as to how I will sentence Mr Goolagong,” Mr Clisdell was recorded saying.
“… that sort of binds me a little bit, doesn’t it? Puts me under a bit of pressure.”
Magistrate Clisdell then questioned what would happen if he went against the ACT Supreme Court’s wishes and sentenced Mr Goolagong to jail.
“But what if I lock him up? That’s gonna upset the applecart,” he said.
“What the Supreme Court in the ACT are trying to do is say, ‘Listen here little magistrate Clisdell, you do as you’re told… you give him an order that allows him to come back here so we can deal with him,’” he was recorded saying.
“I don’t know that I’m terribly excited about being told what to do by another jurisdiction even if they’re higher up the food chain.
“It’s a bit rude. That’s what they’re effectively doing, they’re saying to me: ‘You finalise this and let him go without any sentence.’”
Magistrate Clisdell ultimately recalled the warrant and sentenced Mr Goolagong to a three-year community corrections order, with conditions he go to rehab and not use drugs.
The magistrate told the Queanbeyan court he had “handcuffs on, so I better do as I’m told”.
“If I was to be courageous enough to do something other than that, I don’t think my name would be anything but mud in that other jurisdiction,” he said.
