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Sleep­ing judge Ian Dodd ‘mis­car­riage of justice’: High Court

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A PAIR of accused drug traf­fick­ers could not have received a fair trial because a judge fell asleep for up to 20 minutes at a time dur­ing their trial, the High Court has ruled.
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Evid­ence from a hear­ing of the NSW Crim­inal Appeal Court indic­ated Judge Dodd appeared to sleep for peri­ods of up to 20 minutes at a time, some­times accom­pan­ied by snoring.

His sleep peri­ods became longer as the trial pro­ceeded with mem­bers of the jury vis­ibly dis­trac­ted and, at times, amused. Court offi­cials some­times loudly dropped doc­u­ments in a bid to wake the snor­ing judge.

Cesan, in his appeal evid­ence, said the judge’s snor­ing was dis­rupt­ive when he was being cross-examined.

Crown pro­sec­utor Geof­frey Bellew swore an affi­davit refer­ring to occa­sions on which the judge appeared to be asleep.

The High Court unan­im­ously ruled Judge Dodd did not exer­cise super­vi­sion of the trial as required by law and, as a res­ult, the jury was distracted.

Chief Justice Robert French said a judge must be seen to be uphold­ing this duty.

“Where the judge is notice­ably and repeatedly asleep or inat­tent­ive dur­ing the trial, there can be a mis­car­riage of justice,” he said.

“The trial in this case was so flawed. There was a mis­car­riage of justice. It could not be said that the mis­car­riage was not substantial.”

The court ruled the men should be retried.

Hil­ari­ous. It seems you can get a chance at a do over even if your law­yer is incom­pet­ent, as long as he’s boring.

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