More than five years after then Premier Will Hodgman promised bail reform in Tasmania change appears still some time away.
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On Thursday, The Examiner revealed that Robert Harold Gerard allegedly murdered Michael Hawkes while he was in breach of bail following a violent criminal charge. Instances like the Gerard case have previously prompted calls for law reform to address the how and when charged persons can be granted bail.
In 2017, Mr Hodgman said the community and police were tired of hearing stories of offenders continuing to offend while on bail.
"We need to make sure that our bail laws keep pace with those interstate, and offer the greatest possible protection to the community," he said.
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Mr Hodgman said the state government would overhaul the state's bail laws to ensure there was greater transparency in bail decisions and to ensure that community safety was a primary consideration which must be taken into account when granting bail.
In response, then Attorney General Vanessa Goodwin MLC, expanded on the government's intention.
"The safety of the community should always be a primary consideration when a defendant is considered for bail, and the Government intends to provide a clear statutory basis to ensure this happens," she said.
Ms Goodwin said other Australian jurisdictions had moved to provide clear statutory frameworks for what a court should consider when granting bail.
"The Government will move to do the same for Tasmanian courts, including the possibility of making the defendant justify why they should be granted bail for certain serious offences."
Ms Goodwin cited two high profile cases of murder when a person was on bail.
One was the 2014 murder of mother-of-two Jodi Eaton in Tasmania, a crime for which Darren Dobson later pleaded guilty.
At the time of the murder, Dobson was on bail for a serious assault on his ex-partner. He had a number of prior convictions for violent attacks on women.
In January 2017 the issue of when bail should be denied was the subject of further discussion in Victoria when Dimitrious Gargasoulas was charged with six counts of murder and multiple counts of attempted murder following an incident in the Bourke Street Mall in Melbourne.
He had been granted bail in the days before his alleged acts.
Five years later there has been little progress to keeping the community safer in Tasmania.
In February 2021 Attorney General Elise Archer said the Bail Bill 2021 had been developed following considerable consultation with relevant stakeholders.
"[It] will modernise Tasmania's Bail Act 1994 to better reflect community expectations when offenders are accused of committing a crime such as murder or serious drug trafficking, or are deemed to be at high risk of reoffending while on bail," she said.
"The legislation will allow for the decision on granting bail to be based on whether the accused is found to pose an "unacceptable risk.
"Serious and repeat offenders will need to demonstrate why they should be bailed rather than it falling to the prosecution to demonstrate why they should be held in custody."
Ms Archer said: "Given our Government's large legislative reform agenda, it is expected this legislation will be introduced in the second half of 2021."
Eighteen months later the Bail Bill is yet to be introduced into parliament.
A spokesperson for the Minister said the Bail Bill was unlikely to be tabled in 2022.
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