Court upholds Aurukun gang rape appeal

Chief Justice Paul de Jersey told the court the original sentences were an abrogation of the duty of the court.

Jail sentences have been imposed on five of the nine males convicted over a rape of a 10-year-old girl at Aurukun in Cape York in far north Queensland in 2006.

The Court of Appeal in Brisbane today upheld the Queensland Attorney-General's challenge against the original non-custodial punishment given to those involved.

Three men will now serve at least two years in jail, one juvenile will serve a year, and another 18 months.

Four other juveniles have been placed on three years' probation and convictions have been recorded.

Attorney-General Kerry Shine launched the appeal in February amid a public outcry when the three men and six juveniles were handed non-custodial sentences after pleading guilty to the crime.

Chief Justice Paul de Jersey today described the case as a clear miscarriage of justice.

He said the prosecution must bear some of the blame, but ultimate responsibility lies with the sentencing judge.

Chief Justice de Jersey told the court the original sentences were an abrogation of the duty of the court.

He allowed his remarks to be broadcast.

"These errors were so serious as to produce a clear miscarriage of justice," he said.

Chief Justice de Jersey handed down the result at 11am AEST.

Police say no extra officers have been sent to Aurukun for today's Court of Appeal decision.

They say extra police will be sent to the remote Indigenous community if there is any unrest as a result of the decision.

Indigenous welfare quarantine scheme gets go ahead

Parents in four Cape York Indigenous communities could soon have their welfare payments quarantined if they do not take care of their children and homes and do not stay out of trouble with the law.

As of July, the new Family Responsibility Commission will have powers to manage welfare payments in Aurukun, Coen, Hope Vale and Mossman Gorge.

Queensland Premier Anna Bligh says it will be a difficult time for some residents and the trial won't be an overnight success.

"In light of past policy failures we simply have to try something different," she said.

The Opposition voted in favour of the bill, but leader Lawrence Springborg says it is just one step in the right direction.

"One step doesn't get us very far," he said.

Ms Bligh says the radical new approach to welfare has been led by the communities themselves.

"It is not the work of Mal Brough or Brendan Nelson or Anna Bligh or Peter Beattie," she said.

"It is the intellectual hard yards done by the likes of Noel Pearson, by the people who worked on his team and by the leadership of the communities of Aurukun, Coen, Mosman Gorge and Hopevale that deserve credit."

Meanwhile, the working party Ms Bligh set up to discuss a referendum on fixed four-year parliamentary terms will meet for the first time today but the Opposition still wants certain conditions met before it will agree to a poll.

Related:

Seminar: Indigenous Sentencing Courts and Partner Violence

Presenter: Dr. Elena Marchetti is a Senior Lecturer in the Griffith Law School, Griffith University (formerly, she was a law lecturer in the School of Criminology and Criminal Justice, Griffith University). During a 6-month period in 2005-06, she was Acting Director of the Centre for Credit and Consumer Law, Griffith University. Elena has been conducting research on race, whiteness and Indigenous justice issues since 1999. She has been researching the Indigenous sentencing courts since 2001. She completed her PhD in 2005 on ‘Missing Subjects: Women and Gender in the Royal Commission into Aboriginal Deaths in Custody’.

Abstract: There has been growing concern regarding the increasing violence against women and children in Indigenous communities. It is important to find good practice guidelines to address family violence but unfortunately there has been little evaluation of the anti-violence programs that have been established by Indigenous people within their communities. The inclusion of Elders in the Magistrates’ Court system is an initiative which has been, in some court sites, instigated by the Indigenous community. At other court sites, the Magistrate and government departments have established the courts with the community’s involvement. In this presentation I will firstly describe what feminist and critical race scholars have said about using alternative justice forums to deal with domestic violence offences. Secondly, I will give a brief description of the Indigenous sentencing courts in Australia. Thirdly, I will talk a little bit about some of my findings from preliminary research I have been conducting (with funding from Griffith University). I have collected data from interviews with Magistrates, Elders, court workers and domestic violence support workers to investigate whether the processes of the Indigenous sentencing courts are suitable for dealing with the sentencing of domestic violence offenders and whether they address the concerns raised by feminist and critical race scholars. Finally, I will briefly outline the research proposed in an ARC Discovery grant application which I have recently submitted with Professor Kathleen Daly and Dr Jackie Huggins.

School of Justice Seminar Series
School of Justice, Queensland University of Technology
Gardens Point Campus
X Block, Level 5 Conference Room

1pm, Friday, 14th March 2008

RSVP to Georgina Vidgen g.vidgen@qut.edu.au by 13th March 2008

Shine predicts rape sentences appeal

Queensland Attorney-General Kerry Shine says he expects to get the go ahead to launch an appeal against the sentences given to nine males who raped a 10-year-old girl at the Cape York Indigenous community of Aurukun.

Six juveniles who pleaded guilty to the rape were placed on 12 months probation with no conviction recorded, and three older men received suspended six-month jail sentences.

Mr Shine met the Queensland Director of Public Prosecutions (DPP) Leanne Clare this morning to discuss the sentences and the fact that none of those involved will serve jail time.

He says he is horrified by the circumstances of the case and is expecting the DPP's advice later today.

"My expectation though would be that the advice would be to appeal," he said.

"It really is hard to imagine how these sentences are in line with community expectations."

The normal 28-day appeal period for the case has expired.

Meanwhile, former Children's Court magistrate and child advocate Barbara Holborow says a 10-year-old child cannot give consent to have sex.

She says she is astonished at District Court Judge Sarah Bradley's suggestion in her sentencing remarks that the girl "probably agreed" to have sex with all nine males.

Ms Holborow says the girl will be traumatised and the males involved should be appropriately punished.

"What message is it saying, what message is it sending out, that it is all right for Indigenous youths to rape a 10-year-old child? I don't think so," she said.