The Office of Public Prosecutions has refused to send staff to Wangaratta during Melbourne's lockdown to record evidence for a murder trial, with the judge questioning why that was not classified as "necessary travel".
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Three witnesses in the trial of Phillip Dunn were due to prerecord their evidence next week, to be played to a jury when the case is eventually heard in Melbourne, possibly later in the year.
Dunn, 60, and Darcy McNamara, 44, allegedly killed Wangaratta man Nathan Day in July 2018.
The OPP wrote a letter to the court this week, read in a Supreme Court hearing on Thursday, which stated the refusal to allow either prosecutors or specialist witness support workers to travel to Wangaratta was due to coronavirus restrictions.
"No support services from Melbourne, Wangaratta or elsewhere are able to attend Wangaratta court next week to assist the three relevant witnesses," the letter stated.
"We will continue to monitor circumstances and ensure this matter remains one of our priorities."
Justice Michael Croucher questioned why the court hearing was considered "unnecessary travel".
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"This is a case like any other that needs to be dealt with, I don't see it as unnecessary at all. The COVID restrictions allow people to move around for the purposes of work - clearly we're all involved in work and the administration of justice so I'm very surprised that this turn of events has occurred," he said.
"I understand there's a degree of panic about this and there's an attempt to comply with medical advice, but the medical advice doesn't extend to saying we shouldn't be involved in work."
He said he understood the OPP had to work out how to develop policies and manage people during the pandemic.
"At some point, this case, like all other cases, has got to be dealt with," Justice Croucher said.
"I understand that it's hoped this current lockdown will only be for six weeks and maybe it will be, but things must go on.
"We can't keep putting things off forever and ever."
Crown prosecutor John Dickie said there could be criticisms if the OPP chose to send Melbourne-based people to Wangaratta during the city's lockdown.
"There are clearly different approaches to what's happening. Clearly your honour takes a more liberal view approach than others. I may well have taken a more liberal approach myself ... Others are taking a more cautious approach," he said.
"The Crown and all the parties in the matter want to proceed as expeditiously as possible ... We are keen to explore all possible options so they can give their best evidence before the trial proceeds."
Mr Dickie said he would look into whether the witnesses could travel from Wangaratta to Melbourne, or if support workers could be available by phone and the witnesses could give evidence to be recorded in Wangaratta while lawyers stayed in Melbourne.
"I'm just very keen to do whatever we can in this case, like every other case, that we recognise the restrictions placed upon us all because of the COVID-19 pandemic, but we still get things done as much as we can," Justice Croucher said.
"Maybe it can't be, but I'm not willing to give up just yet."
The case was adjourned until next week for discussions to continue.