`Token fines' only for sly-grogging
09.02.2010
By: Tony Koch
POLICE in north Queensland are frustrated by what they say are token fines handed to people caught sly-grogging or illegally in possession of alcohol in Aboriginal communities where bans exist.
The Queensland government introduced laws five years ago restricting alcohol consumption in communities, in a response to violence and the squandering of welfare money on booze and gambling.
Roads into Cape York and Gulf of Carpentaria communities have signs setting out the liquor restrictions. They warn a first offender is liable for a fine of up to $37,500, a second offence up to $52,500 and/or six months' jail, and a third or later offence a fine of up to $75,000 and/or 18 months in prison.
However, a senior police officer with many years' experience in Cape York told The Australian the courts treated the laws as ``a joke'' by continuing to hand out $200 or $500 fines for people caught with alcohol in their vehicles or homes.
``The police have taken these laws seriously because we have seen for years how much damage has been caused by alcohol on communities, and the difference there is now that there is at least some moderation,'' he said.
``Most communities have only one or two roads leading in, so it is not difficult to check vehicles. But they get cunning and it has now become sport on most communities to work out ways to beat us and get the grog in where it is invariably sold for hugely inflated prices.''
Justice Department statistics show that 1119 fines were issued in 2008-09 for alcohol-control infringements.
In 527 cases, or almost half the total, the fine was less than $200. The biggest fine was $3000.
Attorney-General Cameron Dick said sentencing was complex and difficult and magistrates were required to take into account all relevant factors.
``Police prosecutors are principally responsible for prosecuting these offences,'' Mr Dick said.
Police could make submissions on appropriate penalties, including the size of fines, and had primary responsibility to lodge appeals, he said.
The chairman of the Yarrabah community, near Cairns, Percy Neil, said it was time to revisit the legislation because it was ``a joke and was not having a positive effect''.
``We had a canteen which we voluntarily closed to give the alcohol-management plan a go,'' Mr Neil said. ``We knew the effect the drinking was having on our community and now people are restricted to carrying on only a carton or a bottle of wine and so on.
``But in this community, and others, the young fellows in particular don't care about fines, and they feel they have the right to do what they like.
``There are too many laws that are made for Aboriginal people alone and I think we should be left alone to sort out our own issues.''
