Courthouse fence could leave DV survivors with no escape, lawyers warn

Courthouse grounds in the Northern Territory town of Katherine could soon be surrounded by a "pool-style" perimeter fence, which court officials say is necessary to prevent windows being smashed after hours.

The proposed works also include a large rain tree in the garden at the front of the building being cut down as it has reportedly been dropping "sizeable" branches.

In a letter to court users obtained by the ABC, NT Local Court principal registrar Sarah Hannon said the fence was "required in response to a number of security and safety incidents at the courthouse, including incidents involving windows and doors being smashed".

"We do not want the fencing to create an unnecessarily institutional or imposing appearance," Ms Hannon wrote.

"For that reason, we are proposing a relatively simple looped, pool-style fence rather than fencing with spikes or other more overt security features."

Unlike the NT's other major courthouses in Darwin and Alice Springs, where the buildings extend to the footpath, the Katherine courthouse has a large shady outdoor area with seating where witnesses, victims, accused people and families can wait for their case to be called.

The area has also served as an informal meeting place for lawyers to meet with their clients, and for family to grieve during coronial inquests.

The registrar's letter does not specify the height of the fence, but said the gate would be left open during the court's operating hours, allowing people to come and go freely.

Fence could reduce escape routes

Despite that assurance, the idea has been slammed by the Katherine Women's Information and Legal Service (KWILS).

The service's advocacy leader Brianna Bell said even with the gate open, the fence would create a bottleneck and reduce the number of viable escape routes should there be an incident within the court grounds.

"It really worries us to think about the number of victim-survivors that are attending court every single day who are experiencing things like threats or intimidation from the person who uses violence, or sometimes from their extended family," Ms Bell said.

"If that situation boils over into something physical, then having a fence up, even with the gate open, is going to reduce the number of different ways that somebody can escape that situation."

Because court attendees only go through a metal detector once they enter the building itself, Ms Bell said it would be possible for someone armed with a knife to enter the fenced grounds undetected.

"You could be in a confined space with someone who has wielded a weapon at you and you can't just run in any direction, you need to run to the gate," she said.

"If they put themselves in front of where that gate is, you've got nowhere to go."

Ms Bell also questioned whether a non-spiked fence would actually work to prevent criminal damage occurring at night.

This is not the first time the design of the Katherine courthouse has come under criticism — earlier this year, sector experts called for urgent renovations to make the court safe for victim-survivors.

Design process 'ongoing'

In response to questions from the ABC, a spokesperson for the NT Attorney-General's Department said the fence was intended to address "ongoing vandalism and property damage".

"Detailed design work is continuing, with stakeholder feedback on access, movement and safety being considered as part of the process," they said.

The spokesperson also confirmed the works had been "initiated" by the administration of the NT Local Court and would be funded from within the court's existing budget.

KWILS said it was "disappointing" to see the court prioritise the fence and the removal of the tree, rather than investing in safety features like alternative entrances and exits.

A spokesperson for NT architecture firm Susan Dugdale and Associates said the company had submitted detailed plans for a major refurbishment of the Katherine courthouse to the NT government in December 2024.

They said the proposal came after the firm was commissioned to undertake the work by the previous Labor government, with the design focused on making the court safer and more welcoming for domestic violence victims.

In January, NT Attorney-General Marie-Clare Boothby said work on the refurbishment was ongoing.