WA courts in historic statement on past failure to provide justice for Indigenous Australians
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Western Australian judges have made a historic commitment to work to right wrongs of the past build trust and confidence in justice system for Aboriginal Torres Strait Islander people. Key points WA's chief justice says justice system should work for everyone WA chief justice says justice system should work for all Promises in historic joint session with WA court presidents Aboriginal Legal Service hopes commitment leads to better outcomes The word comes in form of the Western Australian Courts Settlement Statement, which state Chief Justice Peter Quinlan says will help hold everyone in system to account. "The justice system only works when it works for everyone," he said. “It is important for us as judges, judges and tribunals to recognize that in our community, particularly Aboriginal and Torres Strait Islander people, have faced barriers to accessing justice in the past. "We have to acknowledge that and look to the future at how we can make sure we achieve equal justice for everyone in society." WA Chief Justice Peter Quinlan said cultural issues and language barriers contributed to the problems. But Chief Justice Quinlan acknowledged that courts are only one part of the broader justice system, and organizations such as the police and correctional services also play their part. "We'd like think that all institutions in our society are seeking solutions to big problems with a similar well-meaning view that people want improve the situation ... situation of all people," he said. “There is a limit to what courts can do in these areas and we have to accept that. "It's not for us to tell other institutions of the state how they should carry out their responsibilities... but do have control in our courts to determine how processes work and the ways we can deliver justice as effectively as can. Focus on language, cultural barriers WA history is replete with examples of hardships between Aboriginal and Torres Strait Islander people and the justice system, including wrongful convictions. In 2017, Gene Gibson, who speaks limited English and whose first language is the traditional desert language Pintupi, was released after serving five years in prison for the death of Josh Warneke outside Broome. Mr Gibson's lawyer has successfully argued that although denied killing Mr Warneke, he did not understand the court process or the instructions given to him through an interpreter when pleaded guilty. Chief Justice Quinlan said, without citing specific examples, that language barriers and cultural differences have historically created difficulties in achieving justice. “We have a great Aboriginal Interpreting Service in WA, but at the same time, courts and tribunals are aware that they may need an interpreter, and that legal processes can be quite foreign to non-native people from a remote area. "He's used to the way our justice system works," he said. “I remember cases when I was a practicing lawyer and learned later that there was a cultural issue that preve