Victorian Judge Slams Police for Cruel Hourly Night Checks Affecting Murder Trial
December 19, 2025
A Victorian Supreme Court judge, Justice Michael Croucher, has harshly criticised Victoria police for waking up detainees every hour at night under the pretense of welfare checks. He described the practice as "idiotic," "cruel," and "bone-headed."
Justice Croucher made these remarks in a May decision to move a murder trial from Shepparton to Melbourne. The accused argued they were too sleep deprived to follow the trial or give proper instructions due to being woken hourly in their cells.
The police policy involves waking detainees hourly by shining a torch, talking to them, or sometimes asking them to stand up. However, the accused in this case were classified as low risk for physical and mental health.
"There is no need, as far as I can tell, for these accused to be woken every hour, or disturbed in their sleep every hour, because of welfare concerns," said Justice Croucher. "This practice just should stop. It is idiotic. It is cruel. It is bone-headed. It just should not be happening."
The accused—Kylie Stott, Dimitri D’Elio, and Danny Clarke—stand charged with kidnapping, murdering 19-year-old Charlie Gander, and burning his body. The judge questioned why police would cause sleep deprivation for people on trial for such serious crimes.
"If it is truly aimed at welfare, it is a complete and utter overreaction," he said, noting the policy came from inquests into deaths in custody involving very different situations.
The judge’s criticisms were made public this week after the trial ended. D’Elio was found guilty of murder, kidnapping, and arson; Stott was found guilty of kidnapping and manslaughter; Clarke was found guilty of kidnapping.
Clarke was sentenced recently. D’Elio and Stott will be sentenced in February, according to the ABC.
Read More at Theguardian →
Tags:
Victoria Police
Custody Welfare Checks
Sleep Deprivation
Justice Michael Croucher
Murder Trial
Shepparton
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