'Beggars belief': Molly Ticehurst's death exposes gaps in justice system, former magistrate says (2024)

The murder of a woman in central west NSW this week is not the first time a gap in the New South Wales justice system has put victims in regional areas at risk, according to a former Magistrate.

Molly Ticehurst was allegedly murdered by her ex-boyfriend just two weeks after he faced Dubbo Local Court charged with other violent offences against her, including rape and intimidation.

Daniel Billings was granted bail for those offences by a court registrar, who is not a judge or magistrate, before allegedly returning to Forbes and killing the 28-year-old mother 15 days later.

The government has announced an immediate review of the bail system in response to her death, but hers is not an isolated case.

The ABC can reveal another woman was allegedly murdered in regional NSW last year after her former partner was granted bail by a court registrar in similar circ*mstances.

We can't reveal details of that case for legal reasons, but the registrar's decision meant the man was released on bail after allegedly assaulting the victim just a few days before allegedly killing her.

Her family have told ABC News they believe the justice system failed to protect her and want her case to be included in the government's review of the bail laws.

A close family member said this week she believed more should have been done to change the system last year after their loved one was allegedly murdered.

"It's just platitudes, it's just words, they need to act on it… the laws definitely need to be changed about letting violent offenders and serious offenders out on bail," she said.

"It's quite horrifying that women's lives don't seem to matter a lot."

The family member said their lives have been "a real hell" since the woman, who was also a mother, was killed.

"She has a new grandchild that she's never going to see," she said.

"That just breaks my heart, everything she's missed out on.

"This absolutely destroys families."

'Beggars belief': Molly Ticehurst's death exposes gaps in justice system, former magistrate says (1)

System needs 'a swift review'

Former NSW Magistrate David Heilpern, who previously presided over regional and metro courts, said the majority of registrars did not have law degrees and it was "incredibly unfair" to expect them to make bail determinations.

Mr Heilpern said the justice system needed "a swift review".

"Why registrars are making decisions in such cases as this rather than connecting via audio-visual link (AVL) to actual magistrates who are judicial officers beggars belief," he said.

"In this day and age there is no excuse but for it to be dealt with by a judicial officer.

"In a bail court on a weekend it's very likely there is a registrar that's not a lawyer, a police prosecutor that's not a lawyer and a lawyer for the defendant, so that's not the best system."

A registrar is an clerk position within the court system, predominantly responsible for administrative and case management duties, but has limited powers and is not required to have a law degree.

In both recent cases, a registrar had been called upon to handle urgent bail applications in a regional court in the absence of an available magistrate because it was a weekend or public holiday.

Lack of expertise around domestic and family violence

UNSW Faculty of Law lecturer Emma Buxton-Namisnyk said registrars were often expected to step in and make "interim case management-type decisions" in "overburdened" local courts.

"I think it is fairly common for registrars to fulfil this kind of function, but I think certainly this case is really shone a light on maybe some deficiencies around knowledge and awareness of the particular risks presented by domestic and family violence," Dr Buxton-Namisnyk said.

"There's a lot of exposure to domestic and family violence within the realm of their work, and registrars may not necessarily have that level of expertise, they probably don't have the same breadth of experience around domestic and family violence when they might also not have as much training."

Premier Chris Minns said on Wednesdaythe government will look at "the role of registrars when it comes to matters", bail application matters "particularly on the weekend" and "particularly in regional communities".

Mr Minns also flagged a possible return to courts using AVLs in regional areas for serious bail matters, a system which was used during COVID-19 lockdowns.

Attorney-General Michael Daley has declined repeated ABC News requests for an interview about the courts handling of domestic violence cases.

A Communities and Justice Department spokesperson gave a statement this week saying registrars "play a critical role" in NSW court operations.

"Registrars are required to undergo internal training in all aspects of their job, including conducting bail court hearings," the statement said.

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'Beggars belief': Molly Ticehurst's death exposes gaps in justice system, former magistrate says (2024)
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