2023-09-27
Greens First Nations Portfolio Holder Senator Dorinda Cox has welcomed a recommendation for a national inquiry into the chronic underrepresentation of Indigenous jurors.
A report written by University of NSW researchers and published by the Australasian Institute of Judicial Administration, has highlighted that there is a strong argument to restructure Australian jury representation to affirmatively include First Nations jurors.
Comments attributable to Greens portfolio holder for First Nations, Resources, Trade, Tourism and Sport, and Yamatji Noongar woman, Senator Dorinda Cox:
“Rebalancing the justice system to remove barriers to First Nations jury participation is an obvious move to not only bridge the justice gap, but to also Close the Gap and attempt to decolonise the justice system.
“We know the status quo in legal systems produces deeply unjust outcomes for many First Nations victims of crime and proposals like this must be on the table to help shift this.
“In 1983 John Pat’s killers were acquitted by an all white jury, in 2022 the same thing happened in the Kumanjayi Walker case. We need a new approach that is fair and will include understanding of First Nations culture and thinking.
“The fact that juries in the Northern Territory still routinely only include white jurors is unacceptable in a jurisdiction where a third of the community are First Nations.
“Underrepresentation in the jury system is a concern for many minority groups and particularly First Nations people, whether they are victims of crime or are facing charges.
“The right to a representative jury should be fundamental but in Australia there is a long way to go before this is achieved for most marginalised communities who are involved in a justice system that is heavily cloaked with colonialism parading as a criminal justice system, it does not take culture or trauma into account.”
Comments attributable to WA Greens MLC, Dr Brad Pettitt:
“When you look at the over-incarceration of First Nations peoples here in WA, it’s abundantly clear that things need to change including solutions to address the implicit structural racism in our justice system.
“Earlier this year I tabled a petition in Parliament calling for changes, including a ban on all-white juries particularly in trials involving non-white parties. It’s time we made some material changes to the discrimination that exists in our justice system.”
Comments attributable to Desmond Blurton, Deputy Chair, Deaths in Custody Watch Committee:
“The Deaths in Custody Watch Committee is campaigning to ban all white juries to move away from an inherently racist system that unfairly impacts First Nations and minority defendants.
“Our committee is petitioning the West Australian Government for a change to the law to ensure First Nations defendants can be heard by a jury that includes their peers and does not exclude them to ensure the system is less biased.”