Case for Murri court
03.08.2002
A DECADE ago, the report of the Royal Commission into Aboriginal Deaths in Custody spelt out the overrepresentation of indigenous Australians in the prison system.
A stark statistic which has not changed is that Aborigines and Torres Strait Islanders make up 3 per cent of Australia's population, but 26 per cent of the prison population.
The commissioners said there were two levels at which the problem should be tackled. The first was the criminal justice system, and the second, the more fundamental factors which bring Aboriginal people into contact with the criminal justice system.
The glib response from too many people who look at the issue is that the prisoners would not be in jail if they did not commit crimes. That is beyond argument, but responsible indigenous leaders are seeking ways to stop the crimes being committed in the first place, and to stop repeat offending.
South Australia responded by establishing four courts specially for indigenous offenders, and Victoria is planning a similar court system.
On August 21, a Murri court will be set up in Brisbane to handle guilty pleas by indigenous adults. Deputy Chief Magistrate Brian Hine will head the court.
Chief Magistrate Di Fingleton has been a strong advocate of the establishment of the court, and assistance has been provided by Griffith University Aboriginal unit head Boni Robertson.
Robertson has been a parole board member in Queensland for many years, and two years ago headed an inquiry into violence and alcoholism on remote indigenous communities. She was assisted by 50 women from the communities, as well as urban Aborigines and Islanders.
The proposal is for the Magistrates Court in Brisbane to set aside one afternoon a week to hear cases.
A misconception is that this court will deal with ``tribal'' or ``customary'' law. That brings to mind pictures of people being sent back to their communities for ``customary law'' punishment after the ``white'' courts have dealt with them, and they could then face such penalties as being speared in the leg.
That is not going to happen under the system proposed.
The Queensland Penalties and Sentences Act requires judicial officers to listen to elders or respected persons in sentencing, but Brisbane has never organised elders or a community justice group to participate in that fashion.
Magistrates from the central courts recently met with Aboriginal and Torres Strait Islander representatives and elders, and the meeting asked the indigenous people to return to their communities to consult and obtain the names of suitable people who would assist the new court.
The main objects of the Murri court are to:
* Divert people away from sentences of imprisonment where there is another appropriate sentence, and so reduce the over-representation of indigenous people in the prison system.
* Reduce the failure-to-appear rate where imprisonment is imposed because accused people don't turn up for court or sentencing.
* Decrease the rates at which court orders are breached.
The Murri court will hear pleas of guilty only, and legal representatives are allowed to be heard as in a normal court.
The magistrate will not be robed and will sit at eye level at a table with the elders and the accused person. The offender and any family members of other people associated with the offence may be allowed to address the court and, in appropriate circumstances, the victim may also speak to the court.
The elders will assist by informing magistrates about cultural issues, and may advise on what is believed the most appropriate sentence or of any conditions that should be placed on a person's sentence.
IT IS proposed that before sentencing, bail would be allowed with conditions, if necessary, for drug treatment programs and psychological assessment or other conditions that are appropriate.
For example, if the magistrate was considering placing the offender on an intensive corrections order, the community corrections officer and the elders might liaise with the offender's family to see if they were prepared to have the offender reside with them.
Further, an approach might be made to the local community to supervise the offender on community work and to find suitable services for drug treatment and psychological assessment. The plan would be outlined to the court and the magistrate might then confer with the elders in relation to any aspect of the proposed order. Magistrates will make the final decisions in relation to sentencing orders to be imposed.
A forum to discuss the new court is to be held in the Banco Court at Brisbane's Supreme Court complex on August 12.
The South Australian experience has been that the court serves an effective function in getting Aboriginal people to appear and face their charges, and to arrest reoffending. It has been found that by including respected elders in the process, offenders are much more shamed by the process.
The Murri court is an excellent concept that should have been developed years ago. Any positive moves that stop indigenous people -- or any people for that matter -- from committing crimes, has to be a good thing.
