Transcript: Liam Ashley court hearing

Court records obtained by the Herald reveal the full extent of the charges being faced by Liam Ashley, the 17-year-old who died after being attacked in a prison van last week.

Liam was accused of breaching bail on a number of occasions, illegal possession of a knife and a pipe, burglary, trespass, breach of curfew and driving while forbidden.

Murdered Liam had been due to have fortnight in custody

The transcript of the August 24 court hearing showed the alleged burglary offences were all related to his mother's house and that she would no longer have him in her house.

THE FULL TRANSCRIPT OF THE AUGUST 24 HEARING:

Police v Liam John Ashley
24 August 2006
Sergeant Kennedy for Prosecution
Mr Anderson for Defendant
Notes of discussion between Her Honour Judge B A Morris and counsel.

Mr Anderson: Your Honour, this is Liam Ashley, he's 17 years old Your Honour, we have a number of charges, what is proposed today is that he pleads guilty to most of those charges and not guilty to some and then the issue is what is going to happen to him. Your Honour can I ask that you first of all turn to the charge of breach of bail, I think it's information ending -259 I think.

The Prosecutor: Yes Ma'am.

The Court: I don't think I've got a breach of bail.

The Prosecutor: 22259, it's a 6th July allegation Ma'am.

The Court: Yes I've got that.

Mr Anderson: Can that be summary jurisdiction, pleads guilty please.

The Court: Yes.

Mr Anderson: The next one I've got in information ending -754 which is found without reasonable in an enclosed yard. That's a guilty plea, Your Honour, no election on that. Now attend to that will be -755 which is driving whilst forbidden, that's a guilty plea Your Honour. Now Sergeant is going to have to help me with these numbers because I don't know them, there's a charge of burglary on the 29th of June.

The Prosecutor: 21691, Ma'am.

The Court: Yes.

Mr Anderson: That plea is maintained, does that exist, that plea of not guilty?

The Court: No, no plea entered.

Mr Anderson: Of that charge could be taken as read then for summary jurisdiction election a plea of not guilty entered. There is a trespass which is in the same file, if Sergeant could help me there I'd be grateful.

The Prosecutor: 21690, Ma'am.

The Court: Yes.

Mr Anderson: That's a guilty plea, Your Honour, it's non-electable.

The Court: It's already been noted.

Mr Anderson: Now there's a possession of a knife, again if Sergeant could help me please.

The Prosecutor: 21692.

Me Anderson: That's a plea of not guilty. Your Honour, it's not electable.

The Court: Yes he's already pleaded not guilty.

Mr Anderson: Now informations ending -356 which is a charge of unlawful taking that charge can be taken as read, summary jurisdiction elected, a plea of guilty entered. There's a charge of burglary here which is -358 I believe.

The Court: Yes.

Mr Anderson: Summary jurisdiction and a plea of guilty, Your Honour. And in that same file I believe there's a charge ending - sorry I can't read it, possession of a pipe.

The Prosecutor: 3355, Ma'am.

Mr Anderson: That's a plea of not guilty, Your Honour, summary jurisdiction.

The Court: Yes, there's also another trespass to which he's already pleaded guilty.

Mr Anderson: Yes that's already a guilty plea, Your Honour. So I believe those are all the charges. In Court today are his two sisters who are at the back of the Court and the issue is what you're going to do with a 17 year old today, because I suggest that you're going to need a report on him because he's desperate for some form of oversight and I'm suggesting supervision is going to be absolutely essential, he is currently in custody.

The Court: I think I saw as I was flicking through there is a final warning on breach of curfew, isn't there?

Mr Anderson: Yes we've actually made a bail application on a previous occasion so I don't know whether or not there's a change of circumstances today or what, but my concern is that this 17 year old is in custody, he's not finding it an easy process, he's been picked on.

The Court: They're kept separate, aren't they, 17 year olds?

Mr Anderson: The burglaries are all related to his own home.

The Court: So are they kept separate in custody?

Mr Anderson: I don't know the answer to that, I guess we can ask and I can make a request that he be segregated but do we need to keep him?

Probation Officer: Ma'am, there is a youth wing for under 20, he would almost certainly be there.

The Court: Sergeant, what's the Police attitude to bail?

Mr Anderson: Can I make a suggestion, Your Honour, if I may. I think you're going to keep him in custody, is that what I'm sensing?

The Court: Just looking though the informations as we talk it looks like there was a breach of bail on the 6th of July, breach of bail on the 21st of July, and then a breach of bail on the 26th of July, then on the 27th of July a breach of bail with a final warning.

Mr Anderson: Now the problem we've got is this as well, I have been contacted by Mum and unfortunately a lot of this offending relates to Mum, the burglaries are basically at Mum's home, so it's not offending against the community at large so I guess that minimises those offences if they're capable of being minimised, including ones to which he's pleaded not guilty, now the problem is that Mum won't have him at home and he's got nowhere to live, I need to tell you that because there is a problem with that, he can give me an address of someone that he's stayed with but it's on a rather -

The Court: We should try and get the sentencing done as soon as possible, shall we.

Mr Anderson: Yes it's a bit of a fluid basis, now his sisters are extremely supportive of their brother and they've got concerns for him as well, so if you are going to keep him in custody, Your Honour, can I have an urgent sentencing date please and I wonder if the Department could look at the concept of supervision because this 17 year old need some desperate help. I know there are some pleas of not guilty on some other charges but I believe they're capable of resolution and I wonder if you could not set it down for a defended hearing but list them for the same date please.

The Court: Ma'am Probation Officer, in light of the age of Mr Ashley how about the 8th of September, oh no two weeks is the 7th of September, if we make it the 4th of September, nearly two weeks.

Probation Officer: Ma'am I've been instructed to seek a minimum of two weeks, less than that I'm not convinced that the report will in fact be prepared.

The Court: We'll go for the 7th then.

Mr Anderson: I guess there's no alternative, if I could have -sorry-

The Court: The 8th.

Mr Anderson: I'm easy but just the sooner the better for this young fellow I would suggest. Your Honour.

The Court: Do you want a bail decision, Mr Anderson?

Mr Anderson: No I don't, Your Honour.