'Massive injustice': Man spent extra two years in QLD jail

HIGH profile criminal lawyers were shocked a man was kept in a Queensland prison for an extra two years more than needed because of delays in obtaining evidence.

One of those lawyers represented Tony Mokbel, Carl Williams and Julian Assange; the other is a former president of the Queensland Law Society and heads up one of the biggest criminal law firms in the state.

Their comments came after Troy Allan Donovan, 41, was sentenced on Monday for assault occasioning bodily harm which was laid after his defacto, Bernandine Frances Clement, was found dead at a campsite in central west Queensland on April 19, 2016.

Mr Donovan had originally been charged with one count of assault occasioning bodily harm while armed and one count of acts intended to cause grievous bodily harm or transmit a serious disease.

Those charges were upgraded to manslaughter at a committal hearing on September 11, 2017.

The manslaughter charge was dismissed on Monday after prosecution received Ms Clement's medical records from Western Australia - more than two years after her death.

Mr Donovan had spent 842 days in custody but would have only served 90-120 days for the original charges which carry a range of 12-18 months in Queensland.

 

READ FULL STORY HERE: Travesty of justice as man spends two years extra in prison

"This is a massive injustice," Bill Potts said.

Rob Stary of Stary Norton Halphen in Melbourne, who represented Tony Mokbel, said one third of Victorian prisoners were people being held on remand and many of them would serve more time than what they will get as a sentence.

"This is a Western world phenomenon," he told The Morning Bulletin.

"This is where we are headed."

READ MORE IN DEPTH DISCUSSION WITH POTTS AND STARY: CQ case leads high profile lawyers to ask big questions