CORONIAL INQUEST INTO THE DEATH OF JAIDYN LESKIE

Difference between a Judge and a Magistrate in a trial DescriptionRole of personnel Judge/Justic e The person who oversees a trial in the higher courts is known as a judge or justice. Judges sit in the County Court and, in the Supreme Court, a judge is called a justice. A judge or a justice is addressed as ‘Your honour’ The judge or justice: oversees court proceedings ensures parties follow the strict court rules of evidence and procedure decides questions of law (the correct interpretation of the law) Summarises the evidence at the end of the trial and before jury deliberations explains the law to the jury if the accused pleads guilty, the judge or justice decides the sentence. if the accused pleads not guilty and is then found guilty by a jury, the judge or justice will decide the sentence. MagistrateThe magistrate sits at the bench and does not wear a traditional wig and gown, but must dress professionally. The magistrate is addressed as ‘Your honour’. The magistrate presides in the Magistrates' Court, listens to evidence and decides on a verdict of guilty or not guilty in criminal cases (as there is no jury). If the accused pleads guilty or is found guilty, the magistrate decides the sentence by imposing a sanction.

Case On 14 June 1997, 14-month-old Jaidyn Leskie disappeared while being cared for by his mother's boyfriend, Greg Domaszewicz, while she went out socialising. During the evening the house in which Jaidyn was being babysat was targeted by a group of people who had a feud with Domaszewicz. They threw the head of a dead pig at the house and broke some windows. Jaidyn disappeared some time during this evening. After attempting to cover up the disappearance by saying Jaidyn was sleeping and shouldn't be woken, Domaszewicz reported the disappearance to police the following day. Domaszewicz was interviewed by police for eight hours, during which he changed his story a number of times. In early July 1997, after days of searching and interviewing witnesses, the police announced that the disappearance of Jaidyn Leskie was being treated as a murder investigation and the homicide squad would take over the investigation. Later in July of the same year the police arrested and charged Domaszewicz with the murder of Jaidyn Leskie, although no body had been found. On New Year's Day 1998, a child's body was found in nearby Blue Rock Dam, together with a crowbar and child's sleeping bag. A post-mortem was held and the Coroner's Court determined the body was that of Jaidyn Leskie.

In March 1998, committal proceedings were conducted at the Moe Magistrates' Court and Domaszewicz was committed to stand trial for murder. On 12 October 1998 the murder trial of Greg Domaszewicz commenced in the Supreme Court. On 4 December 1998 the jury of four women and eight men determined he was not guilty of manslaughter. Later that December, Jaidyn's father, Brett Leskie, requested a coronial inquest be held. This was concluded in May 2002 and the findings did not disclose anything new. Further petitions to hold an inquest were made by Jaidyn's mother and other relatives, and in November 2003 a new inquest was held. During this coronial hearing Domaszewicz attempted to have the proceedings halted but he was unsuccessful. The inquest was stalled while these legal proceedings in the Supreme Court were conducted. Eventually, in early 2005 the inquest was closed with no findings presented by the coroner.

Greg Domaszewicz leaving Melbourne's Supreme Court in 1998 after he was acquitted of the murder and manslaughter of Jaidyn Leskie.

Further petitions and a media campaign by Jaidyn's mother and other relatives saw the government relent and open another inquest. This third inquest began in July 2005, with all the evidence collected during the first inquest being tendered again. Mr Domaszewicz was exempted from attending by the coroner due to health reasons. The Coroner in this third inquest found that Greg Domaszewicz, who was acquitted of Jaidyn's murder or manslaughter in 1998, contributed to the toddler's death and that he threw his body into a dam not far from the Victorian town of Moe. No further criminal charges were laid by police against Domaszewicz.

QUESTIONS 1.) List the courts that dealt with the Jaidyn Leskie case. 2.) Outline the original jurisdiction of these courts in relation to the Jaidyn Leskie case. 3.) Outline the appellate jurisdiction of each court identified in question 1. 4.) Distinguish between the original and appellate jurisdiction of a court. 5.) Design a flow chart that depicts the events of the Jaidyn Leskie case. Include the court hierarchy in your flow chart and circle the courts in which the case was heard. 6.) Explain the importance of a court hierarchy. 7.) Explain the importance of allowing appeals to take place. 8.) Explain one key difference between the role of a judge and a magistrate in a trial