‘This situation is a travesty’: justice not served in this territory
Last month, 79-year-old Mick Liddle drove to the Alice Springs courthouse every day for almost two weeks in the hope his grandson, Anthony Kenny, would be able to face a judge for a bail application on a drink-driving and breach of bail charge.
Liddle would arrive by 9am and sit in the waiting area wearing his fedora and collared shirt, his walking stick by his side, for the whole day.
Every night when he got home, Liddle would study the Northern Territory bail legislation, writing meticulous notes by hand, in case he was required to stand up before the judge and speak on behalf of his grandson.
In almost any other jurisdiction, Kenny would have been granted bail within a day or two. But it took 11 days for the 32-year-old, a full-time employee of Territory Housing, to have his bail application heard in the NT’s overwhelmed and under-resourced justice system. That meant 11 days locked in a packed cell in the Alice Springs watch-house, with no fresh air, faulty air conditioners and the lights permanently on.
When Kenny was finally brought up from the cells, his grandfather let out a sigh of relief. Kenny looked up and let out a small smile when he saw his father and grandfather sitting at the back of the courtroom.
“I could see on his face he was very happy to see us,” Liddle said.
Liddle clutched his notes tightly; at one point it appeared he might have to rise to his feet to make his submissions to the judge.
Aboriginal people accused of crimes in Alice Springs have increasingly been forced to represent themselves in court following a mass exodus of staff from the country’s largest Indigenous legal service, the North Australian Aboriginal Justice Agency. The departures have sparked renewed calls for more transparency around federal government funding for the embattled organisation.
But on Kenny’s 11th day in custody, a lawyer from NAAJA was able to represent him. “It was unbelievable, I couldn’t understand why it was all done,” Liddle told The Australian.
“I doubt it very much this would happen to a whitefella – the Aboriginal people don’t really have a chance to say anything, because nobody really listens. They’ve got no opportunity to complain about it because they don’t have the necessary education to complain, but someone like myself can complain or say something."
Liddle said: “I felt relieved but I couldn’t understand why it took 11 days for him to be released from custody.”
The exasperated judge who finally heard Kenny’s bail application – and approved it – agreed.
“The situation is a travesty and a human rights issue of significant proportion,” judge Carly Ingles said.
“At the moment, ours is not a criminal justice system you want to be getting yourself involved in, the situation is dire.”
Kenny’s long wait for bail provides a glimpse of the shocking state of the court system in the Territory, and especially Alice Springs. The Australian spent three weeks observing various courtrooms in the town.
You can read the full report and our observations here:
theaustralian.com.au/nation/…