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Is the justice system failing Aborigianl women? (Read 726 times)
Raven
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Is the justice system failing Aborigianl women?
Sep 22nd, 2016 at 1:25pm
 
Research shows that Aboriginal mothers in Western Australia are 17.5 times more likely to die from homicide than a non-Aboriginal mother.

Aboriginal mothers are also at increased risk of suicide related to factors including intimate partner violence and sexual abuse.

But a major issue faced by Aboriginal women is the lack of responsiveness by the Australian justice system.

Australia has made a commitment to combatting violence against women through a National Plan of Action. However, there is little mention of Indigenous women and the difficulties faced in accessing justice.

With thanks to Hannah McGlade here are a few stories that have caused considerable concern of bias in the administration of justice

Andrea Pickett

Andrea Pickett was 39 years old when she was murdered by her ex-partner Kenneth in 2009.

Recently released from prison for acts of violence against her, Kenneth murdered Andrea as she tried to flee with her infant. Andrea feared for her safety and that of her 13 children and she had done her utmost to seek protection from the justice system.

After an uphill battle to even have her death investigated by the Coroner he noted that she had made many complaints to the police that were simply written off without investigation. The few responses that occurred were minimal and ineffective. She also sought help from the parole board and support agencies who failed to provide protection.

The police advised the Coroner they had conducted their own investigation into her death and found numerous failures on part of investigating officers.

They said that they now implemented a system wide policy change to address victim safety. The coroner accepted this submission and made no recommendations aimed at police.

While important systemic reforms were introduced as a result of the inquest, Indigenous women's experience of discrimination in accessing justice was not identified or addressed.

Ms Dhu

Ms Dhu showed similar patterns of negative police conduct in relation to Indigenous women's victimisation.

Ms Dhu was arrested by police and taken into police custody on August 2, 2014.

She was a victim of domestic violence and in urgent need of medical help.

The police were not interested in and did not investigate her evidence of an assault. They also - fatally - did not believe her when she told them she was injured and in need of help.

Ms Dhu was pronounced dead on August 4, 2014 - two days after being taken into custody. The cause of her death in police custody was medical conditions arising from injuries previously inflicted on her as a victim of domestic violence.

Thee CCTV footage is disturbing, she is crying  and moaning in pain, calling out for help from police officers who ignored her cries. Dying, she was cuffed and dragged through the lockup.

While the officers took Ms Dhu to hospital, they told medical staff that Ms Dhu was "faking it". The medical staff did not undertake basic procedures, such as a temperature or X-rays, and she did not receive treatment that could have saved her.

The police involved in Ms Dhu's shocking death were disciplined by way of reprimand, but none were dismissed and most have now been promoted.

In the the Coroner's court little attention was paid to Ms Dhu as an Aboriginal victim of domestic violence. There was no acknowledgement of Aboriginal partner violence, the interplay of race and gender and the inhumane treatment she received.

Lynette Daley

Lynette Daley, mother of seven, died in 2011 following violent sexual acts on her by non-Aboriginal men.

While the investigating police officers and the state Coroner recommended that charges be laid against those men, the Crown prosecutors did not accept their recommendation and declined to lay any charges at all.

This year, almost five years after Lynette's death, the Crown reversed its decision in the face of considerable media and public pressure.

The law has also failed Aboriginal children. Most notably Jack Sultan

Jack Sultan

In 2014 Jack Sultan was an 8 year old boy riding his bike when a driver, Michael Alexander, Struck him with his car then fled the scene. the boy died of his injuries.

Michael Alexander was high on meth at the time of the incident and on bail for drug related charges.

His sentence? Six months home detention and an 18-month suspended jail sentence.

The fact that a man walks away with such a light sentence over the death of an Aboriginal child, and Australia stays largely silent about it, says a lot about the different laws in this country – one for black, and one for white.

If this was a white kid in a different city, you can bet it would be on the front pages of newspapers around the country.


Instead an imaginary spear outraged Australia. A slap on the wrist for a hit and run death of an Aboriginal child did not.

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Quoth the Raven "Nevermore"

Raven would rather ask questions that may never be answered, then accept answers which must never be questioned.
 
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Raven
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Re: Is the justice system failing Aborigianl women?
Reply #1 - Sep 25th, 2016 at 3:05am
 
It's no surprise that there were riots in Kalgoorlie following the death of Elijah Doughty.

Although for many years Aboriginal people have known that, "black lives matter, just not as much as white lives," a point is reached where enough is enough.

For too long have Aboriginals watched as their people die and a justice system denies them.

In the case of young Elijah he was driven off the road, his lifeless body found in bushland. The perpetrator fled the scene and has only been charged with manslaughter.

This in itself should cause outrage in the community, but it was social media that showed where black lives stand.

Outpouring of support for the driver in this quote "difficult time" were common. Leading police to shutting down certain pages

Acting Commander Darryl Gaunt labelling it "disgusting and racist” adding “It has absolutely inflamed the situation, without a doubt.”

And yet, a white man allegedly killed a black child, but the people being cast as animals in Kalgoorlie are those who reacted to a well-worn history of brutal oppression by clashing with police, and smashing some windows.

This is despite the reality that the victim’s family, and Aboriginal elders, supported police and tried to calm protesters.

Although we live in the 21st century justice is not black and white.
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Quoth the Raven "Nevermore"

Raven would rather ask questions that may never be answered, then accept answers which must never be questioned.
 
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Setanta
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Re: Is the justice system failing Aborigianl women?
Reply #2 - Sep 25th, 2016 at 3:52am
 
A child who can thieve and ride a motorcycle. I feel for his family but he was a delinquent. Should the guy be strung up if he purposely drove him of the road and killed him? Yes. However the whole situation is of this poor child's making and the upbringing he had.

I didn't know he was a mother or a woman.

Looking at all of your posting, is the question really "Is the justice system failing Aboriginal women by not letting their ill brought up children and family members to be held to account?"
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« Last Edit: Sep 25th, 2016 at 4:18am by Setanta »  
 
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Re: Is the justice system failing Aborigianl women?
Reply #3 - Sep 25th, 2016 at 7:38am
 
The judicial system is failed.  Justice system is in the punishment phase for those convicted, and the biggest problem is the failure of the judiciary, starting from that lowest of low-life Sheriffs of Nottingham class, the magistrates - or so-called magistrates - since they ain't nothin' but thieves and robbers of the law and of people's money and reputations and lives while all dressed up as judges over the people and pretending to be above all such considerations as petty preference for perjuring police and the entrenched criminality of the judicial system.

Now that's a mouthful, friends (Billy Jack is back), and one you should all be considering very carefully.

And, friend, you be overlooking the simple reality that them 17.5 Aboriginal women is most likely to die from bad eating, drink, or just plain being killed by Aboriginal men or women under the influence of drink or drugs.

How far can a society accept responsibility for the choices of individuals?

I've addressed the issue of the death of Lynette Daley elsewhere, and uttered my absolute disgust over the way it was handled, especially the reality that the life of an Aboriginal woman with seven kids to various fathers has little value, or so it seems, and such a woman can be just used for any sex at all, even when pissed out of her skull and thus incapable of meaningful consent.

Amazing..... and I applauded when the decision was made to overturn the original decision.... and brother, I ain't Black, neither... I'm a Man with a capital M - I spell it M-A-N..... and we drink piss and stand for what is right without fear or favour....
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« Last Edit: Sep 25th, 2016 at 7:46am by Grappler Truth Teller Feller »  

“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.”
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Re: Is the justice system failing Aborigianl women?
Reply #4 - Sep 25th, 2016 at 7:43am
 
Yes, of course it's the White justice system that's at fault here.

Heaven help us if some racist bastard should dare to suggest that it's Aborigines themselves who are to blame for this domestic dysfunction that includes every sort of violence, including murder.

Aboriginal Innocence from Wrongdoing must be preserved at all cost, and so I'm with YOU, Raven, in tracing this parlous and unfortunate situation right back to its guilty source - which is ... INVASION DAY.

I'm starting a new Sect - something like the Muslim Shi'a in which on one day a year we white fellows will do a 'mardis gras' down the main streets of our cities, but not in the cause of normalising anal sex in the public mind, but to flagellate ourselves with birch-rods while moaning deeply as we slowly move along with heads bowed and our bare torsos striped and bleeding as we pay penance for our white racist sins.

If you should ever lose your job as an apologist for Aboriginal youth crime in the courts, Raven, you could always apply for a job as a contortionist when the circus next comes to town.

And Jesus wept.

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President Elect, The Mechanic
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Re: Is the justice system failing Aborigianl women?
Reply #5 - Sep 25th, 2016 at 7:50am
 
aboriginals are failing themselves..

along with the help of the luvvies who push the lie of a stolen generation etc...

One Australia

One Law for everyone...

problem solved..
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Grappler Truth Teller Feller
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Re: Is the justice system failing Aborigianl women?
Reply #6 - Sep 25th, 2016 at 8:04am
 
President Elect, The Mechanic wrote on Sep 25th, 2016 at 7:50am:
aboriginals are failing themselves..

along with the help of the luvvies who push the lie of a stolen generation etc...

One Australia

One Law for everyone...

problem solved..



That's it in a nutshell.....
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Re: Is the justice system failing Aborigianl women?
Reply #7 - Sep 25th, 2016 at 10:22am
 
British settlers have killed more Aboriginal women than Aboriginals have.
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Re: Is the justice system failing Aborigianl women?
Reply #8 - Sep 25th, 2016 at 1:19pm
 
Unforgiven wrote on Sep 25th, 2016 at 10:22am:
British settlers have killed more Aboriginal women than Aboriginals have.


Nah - they followed the time-honoured tradition of bumping off the men or sticking them in prison, and then shagging the Black out of the race..... that's why so many are half-caste or less.

I was watching a TV show on Aboriginal rights not long ago - in my background is some Wog (maybe Indian or Chinese about 3-4 generations back - and there is a claim to some Plains Indian from the US somewhere) of some kind, but no Nicker as far as I know - and the majority of those speaking were whiter than I am.
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“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.”
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