"U" be the judge Chief Magistrates Reply 16/05/08

Magistrates Court Victoria
13 May 2008
addressed to

Dear Mr McDonald

I refer to your letter 11 April

The magistrate who dealt with the matter briefly at Maryborough on the 8 April has advised me thathe was concerned simply with the question of "proper venue".This is clearly the issue that concerns you at this stage. It appears that the magistrate was seeking to make clear the court process that applies when changes are contested. the principle of "proper venue" generally dictates that a matter is heard at the court closest to where alleged offences were committed. Other factors are alos taken into account including the address of the defendant, the address of witnesses and other issues of the convenience of the parties, including the prosecution.

I note that the matter is set down for contest mention at St Arnaud on 22 May. The contest mention doea not necessitate the attendance of witnesses-only the attendance of the informant and the defendant.

I note that the informant has advised you that he has no objection to the hearing taking place at Maryborough. If the prosecution agrees to a hearing at Maryborough, and the magistrates hearing the contest mention at St Arnaud on 22 May also agrees, then the matter can be set down for hearing at Maryborough. this is an issue to be taken up specifically at the contest mention on 22 May. I will not change the contest mentionvenue at this late stage. to do so now would be to cause further delay.

In any event, if you wish to have the matter heard at Maryborough, you should raise this at St Arnaud on 22 May and the magistrate will take into account both what you say and also the prosecution says about the point.

Yous faithfully

signed

Ian L Gray
Chief Magistrate