Kalgoorlie magistrate lashes out at lawyers for ‘appalling’ lack of progress while clients sit in custody

A Kalgoorlie magistrate has lashed out at lawyers for their “appalling” lack of progress on matters which have seen alleged offenders spend lengthy times in custody. Paul Lyons’ criticisms began on Thursday in Kalgoorlie Magistrates Court when the matter of Kamos Mitchell was called and it was discovered no progress had been made in the seven weeks since his last appearance. An Aboriginal Legal Service lawyer appeared on behalf of Mr Mitchell’s lawyer, David Pawson, who was unable to make it to court and had asked his colleague to request a lengthy adjournment for a Legal Aid application to be made. Mr Lyons said an adjournment for that reason was sought on December 19 when he refused Mr Mitchell’s bail, and questioned why no matters had been progressed since then. “That’s appalling, if that’s the case,” he said. “That is a month and a half of Mr Mitchell’s life. “It is a waste of the court’s time and a waste of Mr Mitchell’s time.” Mr Lyons said he appreciated it was not Mr Pawson’s colleague’s fault, but said the application needed to be lodged immediately. On Friday, again in Kalgoorlie Magistrates Court, Mr Lyons expressed he was “unimpressed” with an accused’s lawyer who had “made no effort to speak to his client” before the day of his trial. Graham Jackson appeared from custody for what was supposed to be the start of his trial for charges of being armed, breaching a police order and aggravated common assault. However, the court had no record of who his lawyer was. It wasn’t until another lawyer in the courtroom made calls that it was discovered who the lawyer was who had been given the grant of aid. Mr Lyons asked Mr Jackson — who does not speak English as his fist language — if he had ever spoken to his lawyer, to which he shook his head. Mr Lyons said the lawyer had, according to his records, never appeared for Mr Jackson and stood the matter down to try and “manifest” him so the matter could advance.