Friday, 13 June 2008

RE: AURUKUN NINE.... JAIL TERMS!

A Brisbane court's decision today to have five of the Aurukun Nine put behind bars over the gang rape of a 10-year-old girl would have a profound effect on the remote Cape York community, the group's indigenous lawyer says.

Thema Schwartz, of the Aboriginal and Torres Strait Islander Legal Service, refused to rule out an appeal after the full bench of the Supreme Court of Appeal this morning ordered jail for three of the adult rapists and detention for two juveniles who took part in the 2006 attack.

Four other juveniles will be placed on probation.

The decision overrules that of Cairns District Court Judge Sarah Bradley, who last year allowed the nine to go free on suspended sentences after accepting prosecution submissions the girl had "probably agreed" to have sex with them.

Ms Schwartz said she would contact the nine, who have now had warrants issued for their arrest, as a matter of urgency.

She would not be drawn on the reaction of the nine males, but warned indigenous people across the Cape would be affected by today's decision.

"We're going to strategise our next step," Ms Schwartz said outside court.

"There will be an impact on the community ... That's all I'll say."

In a scathing judgement delivered just after 11am, Queensland's Chief Justice Paul de Jersey described Judge Bradley's original decision to release the Aurukun Nine on non-custodial sentences as "extraordinary".

"The court has concluded that the sentencing of (the nine) in these cases was attended by a number of errors," Justice de Jersey said.

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

"The prosecution must bear substantial responsibility for what occurred ... (however) The imposition of a proper sentence was ultimately the responsibility of the judge."

http://www.brisbanetimes.com.au/news/queensland/jail-terms-will-have-profound-effect

STIFF IF THE NINE ARE AFFECTED BY THEIR SENTENCES! THESE COMMUNITIES SHOULD BE PLEASED THAT PROPER JUSTICE WAS BROUGHT DOWN ON THE MEN WHO COMMITTED THE RAPE OF A TEN YEAR OLD GIRL.

THE EFFECT THIS WILL HAVE ON THE COMMUNITIES WILL BE FOR THE BETTER THAT ANIMALS SUCH AS THESE WILL BE PUT AWAY WHERE THEY BELONG.

PERHAPS Ms. SCHWARTZ CAN EXPLAIN WHAT SHE MEANS BY THE FOLLOWNG:
She would not be drawn on the reaction of the nine males, but warned indigenous people across the Cape would be affected by today's decision.


I JUST CAME ACROSS THIS:

At an appeal hearing in Brisbane in May, Solicitor General Walter Sofronoff QC successfully argued the lenient punishment was grossly out of step with community expectations.
Lawyers for the nine disagreed, claiming the Cape York community was so dysfunctional, it had produced a different moral standard.

HETTY JOHNSTON OF BRAVEHEARTS SAYS THIS:

Ms Johnston said the argument was valid.

"I think, though, that (today's) decision did take that into account," she told reporters outside court.

"We all have to recognise that the conditions are manifestly different up north to what they are down here ... (but) there seemed to be a different level of justice.

"Hopefully this starts to set the level playing field across the state."

She said moves by the Supreme Court of Appeal to ensure the offenders received counselling and rehabilitation as part of their punishment was crucial.

"It has to be about stopping the cycle," she said.


YES...BREAK THE CYCLE BY ALL MEANS. BUT, DIFFERENT MORAL STANDARDS IS A POOR EXCUSE TO USE. WE ALL HAVE DIFFERENT MORALS BUT WHEN THE RAPE OF AN INNOCENT CHILD OCCURS, THERE CAN AND SHOULD BE NO EXCUSE, WHAT BULLSHIT IS IT TO SUGGEST BECAUSE OF THEIR MORALS, WHICH AMOUNT TO THOSE LOWER THAN A SNAKES ASS AND THAT THEY ARE A DYSFUNCTIONAL COMMUNITY. BLACK, WHITE, RICH OR POOR....NO EXCUSE FOR SEXUAL ABUSE!!

4 comments:

jmb said...

What ten year old would agree to have sex with a group like that, I might ask. Errors of judgement indeed.

Lord James Bigglesworth said...

No argument there, Nunyaa.

Nunyaa said...

Our tax dollars are going to fund any would be appeal that these nine make. The whole issue is wrong and I still want to see Judge Sarah Bradley be severely reprimanded or sacked for her inadequacies as a Judge.

Bobby said...

Like JMB said above, I have a hard time believing that a 10 year old would agree to group sex, or any sex for that matter. I even have a hard time believing anyone (even an adult) would agree to gang style sex. I guess maybe there are people who would, but I have never known a single person who does - I hope I don't.

Thanks Nunyaa! I added you to my blogroll today:)