UPDATE: A Victorian judge has just denied the state’s attempt to keep future hearings regarding the care of a child previously accused of murder hidden from public view. This urgent ruling comes as the state faces scrutiny over its handling of the case involving the 12-year-old girl, known by the pseudonym WD, who was accused of a 2023 stabbing murder in Footscray.
In a critical hearing on August 19, 2024, Justice James Elliott ruled against the Victoria Department of Families, Fairness and Housing, which sought to conduct all future sessions in closed court to protect the girl’s privacy. This marks a significant moment in a case that has drawn considerable public interest and debate regarding the welfare of vulnerable youth in the justice system.
The child’s criminal charges were withdrawn in 2024 after prosecutors cited a lack of reasonable prospects for conviction under the legal doctrine of doli incapax, meaning she could not be held criminally responsible due to her age. Following the decision, the department argued that closed hearings were necessary, claiming that the girl’s circumstances had changed and her privacy needed protection.
However, the Commissioner for Children and Young People, who previously found the state had failed WD, opposed the state’s application. Albert Dinelli, representing the commissioner, emphasized the “fundamental” principle of open justice, urging that while certain aspects of the case could remain confidential, the public should still have access to the hearings.
Justice Elliott firmly rejected the state’s request, stating, “There has been considerable public interest… about the way in which WD is being looked after by the secretary.” He further warned that conducting hearings under a “shroud of secrecy” could lead to misinformation and undermine public confidence in the judicial process.
Previous attempts to keep the matter concealed failed, with the court dismissing similar applications in November 2023 and March 2024. Justice Elliott noted that WD expressed dissatisfaction with the court process, as her attorney confirmed she declined to participate in the hearing via video link.
Despite the denial to keep proceedings secret, Justice Elliott ordered that all confidential information regarding WD would remain protected, ensuring her privacy is maintained in the court documents and proceedings. The case’s focus now shifts to the child’s education, which has raised concerns for the Commissioner. Reports indicate that the education department plans to conduct a risk assessment by September 30, 2024, with a recruitment process to find a teacher for WD taking an estimated two to three months.
The matter is set to return to court on December 10, 2024, as stakeholders continue to navigate the complexities of this sensitive case. The public will be watching closely, as the implications of this ruling could influence future cases involving minors in similar circumstances.
Stay tuned for further updates as this developing story unfolds.
