Dear
Concerned
7th May 2008
Re: The proposed Koori County Court Firstly from the Age 6/5/08 (In
italic)
"Deputy Chief Magistrate Jelene Popivic co-ordinator of the Magistates
Koori Court, said the Koori Court was an excellent way to give the
Aboriginal's a Voice in the justice system."
Considering, we have voiced our concerns that the Victorian
Government (1996) has no proper legislated power to make laws for the
Aboriginal people, and that Justice system, has caused an unnecessary
a health risk on our people, You may well understand our
disappointment in the Victorian Government the justice system
In a Koori court, the magistrates sits at a table with parties
involved in the case and is assisted by elders from the community who
provide culturally relevant information and talk to the defendant. The
magistrate formulates the sentence and the elders help reconnect the
offender with the community."
"Ms. Popovic said There is a degree of shaming involved, That one of
the powerful aspects of the court. Offenders have to face the
community in the guise of the elders and be told their offending has
affected their community, a lot of offenders prefer not to go through
a Koori court because it is confronting"
It appears that Deputy Chief Magistrate Jelene Popivic has relied on
traditional lore and customs to gain sup****t for the proposed Koori
County Court , However is she aware that Elders only had the rights
provide culturally relevant information to the members of their own
clan and country which they belonged to.
It may well be the case that offenders prefer not to go through a
Koori court because it is confronting, only because the sitting Elder
is not from the offenders clan or county. I need not point out
traditional old hostilities, that, in part, still exists today.
It is of interest to note that about 150 people go through the six
Koori Magistrates Courts each year, Broadmeadows and Shepparton Court
the most used, if we average it out 25 case a year per Koori court.
which offenders must plead Guilty.
As the Courts are independent from the Parliament/Government, therefor
the Koori County Court requires no legislated Act, This in it self
leaves open to question the motives and reason why the Parliament
find's need to establish Koori Courts in the first instance.
As many years have elapsed and times has changed, Aboriginals have
learnt what is right and what is wrong, and to do so knowingly the
risk and penalty that may apply. To suggest Aboriginal's need Koori
Courts, is undermining the intelligence of Aboriginal race .
It may cost saving and better for all, if the Courts could consider,
whether the Victorian Parliament and the Courts has any jurisdiction
at all over the Aboriginal people of Victoria..
Yours in good faith
Chief Lore
Officer
Aboriginal
Embassy Victoria
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