Qld A-G to challenge gang-rape sentence
Monday Dec 10 18:22 AEDT
Queensland Attorney-General Kerry Shine says he will appeal against the sentences given to nine males who gang-raped a 10-year-old girl in 2005.
Cairns-based District Court judge Sarah Bradley did not record convictions against six of the attackers and gave three others suspended sentences, over an incident at the indigenous Aurukun community on Cape York.
Mr Shine told reporters in Brisbane on Monday that he had decided to appeal the sentences.
He said he would also examine the process that led to prosecutors not alerting his department to the sentences, which would have allowed him to launch an appeal earlier.
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The government earlier announced a review into the sentences handed down in all sexual assault cases in far north Queensland to ensure they were meeting community expectations.
Queensland Premier Anna Bligh said she was concerned the latest sentence could be part of a trend in the region.
"I want to satisfy myself that the people of Cape York, and the people who live in remote indigenous communities, are receiving the same level of justice as we can expect in any other community in Queensland," Ms Bligh told reporters in Brisbane.
"The nature of the sentences in this case are so far from community expectations I have to say I am alarmed, and I am not prepared to just write this off as an unusual one-off case.
"I do want to satisfy myself that this is not part of a broader sentencing trend that reflects a lower standard for those communities."
Ms Bligh said she also was concerned the system had failed to bring the case to the attention of Mr Shine earlier, but she did not support calls to sack Ms Clare or Ms Bradley.
The sentence had attracted a storm of protest.
The Queensland opposition had called for an immediate investigation of the latest case.
Qld Liberal leader Mark McArdle said Mr Shine had no choice but to try for an appeal in the wake of community uproar.
He said an investigation into how the sentence was reached, especially with regards to what penalties the prosecution sought, was needed.
"How did the DPP fail to put any evidence before the court, any submissions warranting a custodial sentence and why didn't the DPP's office insist on a custodial sentence in these circumstances?" Mr McArdle told AAP.
He said he was deeply concerned that the victim was said to have agreed to sex, as children could never consent.
"This is an appalling and sickening crime and the sentence is absolutely pathetic," he said.
"The justice system has failed a 10-year-old little girl and has traumatised her by allowing these men to walk, in essence, free from a horrendous crime."
The sentencing has also angered federal politicians.
Prime Minister Kevin Rudd said he was disgusted and appalled at the judge's decision.
"I'm disgusted and appalled by the reports that I've seen in today's newspapers on this case," Mr Rudd told reporters in Brisbane.
Mr Rudd said he had zero tolerance for violence against women and children.
"My attitude of violence towards women and children, including sexual violence towards women and children, is one of zero tolerance," he said.
"Always has been, it always will be."
Federal Opposition Justice spokesman Christopher Pyne said the state government could not escape blame because it had appointed the judge responsible for the sentence.
District Court judge Sarah Bradley had been appointed a magistrate by the Goss government and then as a judge by the Beattie government, Mr Pyne said.
"They know when they appoint these judges what their views are with respect to the law," he said.
"The state government can't escape culpability for decisions that a judge has made and can't express outrage about sentencing after the fact.
"I do hold the Queensland attorney-general accountable for this decision because the buck stops with him."
Mr Pyne said state Labor governments often talked tough on crime but were soft on actions.
A prominent Aboriginal academic has called for a Queensland judge to step aside in the wake of a furore over a gang rape case.
Professor Boni Robertson, from Brisbane's Griffith University, said she was appalled that the judge could make such a decision.
"I think Judge Bradley should be asked to step down until there's a full inquiry into this case," Prof Robertson told reporters.
There was nothing that would ever justify the outcome of the case, which had set back the cause of indigenous women's rights, she said.
"It's actually undermined everything we have worked for over the last 10 years to get our women justice in this country," Prof Robertson said.
"There is something even more sinister - it's actually give a very clear message to perpetrators out there generally.
"I don't care that they are black, white or whatever, I think it's allowed perpetrators to think if you can come up with a defence that she asked for it or she condoned it, then that gives them a sense of leniency."
Prof Robertson sits on a number of state and national committees and has written reports on indigenous justice and education.
Founder of child protection advocacy group Bravehearts, Hetty Johnston, said she was upset by the decision.
"When I heard about this outcome, I was just totally outraged. I actually cried," Ms Johnston said.
"For me, this is a decision that has elements of racism about it, at least that is how it feels.
"If this was a white girl in white suburban Brisbane, there is no way these nine offenders would have just walked out of the courtroom."
She called for an audit of all child sexual assault matters heard in rural and remote areas of Queensland, particularly those relating to indigenous people.
http://news.ninemsn.com.au/article.aspx?id=101415
Topic: What the ........ men let off with raping a 10 year old girl! (Read 1283 times)