Young man rocks up late to court, magistrate frustrated

RHYLIE John Mutsch was nowhere to be found during his court date where he was to be heard for a driving offence and breaching a suspended sentence, among other charges.

Solicitor Ross Finlayson told the St George Magistrates Court on October 20 he recently filed a Legal Aid application.

A frustrated Magistrate Tracy Mossop told Mr Finlayson he should have done that back in May.

“Where is he? He’s not here,” Magistrate Mossop said.

“He was here this morning, Your Honour,” Mr Finlayson replied.

Later, Mr Finlayson told Magistrate Mossop that Mutsch went to get his fact statement and came back.

Magistrate Mossop had just approved an adjournment to November, but Mr Finlayson spotted Mutsch outside the courthouse.

When Mutsch entered the courthouse, Magistrate Mossop had some stern words for him.

“I’ve issued a warrant for you and postponed it to November,” Magistrate Mossop said.

“You are delaying court proceedings, so I don’t know where you were...”

Mutsch suddenly replied with, “I was just outside”.

Magistrate Mossop said his late appearance was “most dissatisfactory” about his Legal Aid situation.

“I’m not impressed because you’ve basically been telling the court, you’ve been applying for legal aid since May,” she said.

“We’re now in October and I find out an application has only gone yesterday.”

Mutsch said he handed in an application three weeks ago, but said Mr Finlayson couldn’t find the paperwork.

Magistrate Mossop asked if Mutsch had collected his bank statement, which he confirmed he had.

“I’m not going to keep adjourning these matters while you wait around, flap around like a wet fish on a deck,” Magistrate Mossop told Mutsch.

His matter was adjourned to November 17.


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