Acid Monkey
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Aborginal tribal punishment.
On Friday 25th July, indigenous man Mark Hogan was sentenced in the Kalgoorlie District Court. Mark Hogan is a traditional Aboriginal man, from the Ngaanyatjarra and Blackstone Aboriginal communities on the Western Australian, NT and South Australian borders. It is a very traditional, isolated Aboriginal communities in the Central Australian area. He was driving on an unmade road from Kalgoorlie to a remote community for sorry business following the funeral of another close relative in Kalgoorlie. He was driving at high speed, had been drinking, and was driving whilst disqualified. He crashed his vehicle causing death a close relative who was a passenger in his car. He pleaded guilty to charges and was given a reduced sentence on account that after serving formal punishment (16 months jail) he will also suffere tribal punishment by spearing.
Mark Hogan would be speared several times by members of the family of the deceased and perhaps other community members for the wrongdoing that he'd committed by driving the car and the person being killed. The spearing would take place in a public part of the community, that all of the community would be able to attend and witness it. It is an act of reconciliation, if you like, between Mark Hogan and the members of the family of the deceased and the wider community in order to heal the rift that had been created by virtue of him killing this fellow in the car accident.
Another incident of tribal punishment:
A young woman from a traditional and remote community killed a very violent boyfriend. She was subjected to traditional punishment by her community, notwithstanding the fact it was quite widely recognised within her community that the partner had been very violent and in one way or another she was morally justified in reacting in the way that she did in the circumstances which led to the death. But she'd been punished anyway. She was actually released on bail by a Western Australian judge in the Children's Court, and one of the reasons for her being released on bail was in order for her to be traditionally punished by her community. She was taken to the law grounds at her community, and was struck repeatedly with objects called nulla-nullas, big pieces of wood, about the upper body; some blows connected with her head which led to her hospitalisation. When she had recovered her formal trial began.
The Law Courts and legal system has made it very clear each time the issue of tribal punishment arises that it was not condorn such mob incited public punishment, and yet has taken that such accorance can and will occur in such that when formal sentencing and/or legal procedings reflect these punishment.
For example, in the case of Mark Hogan he was given a reduced sentence to avoid double punishment because it was known that he will be tribally punished.
In the case of the woman, bail was granted so that tribal punishment would be carried out.
I heard these stories on Radio National - The Law Report which made me think about other traditional or tribal puinishment such as stoning. And also, the possibly of secular law tacitly approving such punishments. Any thoughts?
Source: http://www.abc.net.au/rn/lawreport/stories/2008/2317345.htm
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