NT Police accused of mandatory sentencing bias

The World Today - Tuesday, August 22, 2000 12:32

COMPERE: Could mandatory sentencing in the Northern Territory be having unintended consequences when it comes to discretionary powers for police? A former Territory Labor politician is complaining that a break and enter at his home wasn’t investigated because he's a vocal critic of the policy of mandatory sentencing. North Australian correspondent, John Taylor.

JOHN TAYLOR: When the Country Liberal Party Government introduced mandatory sentencing laws into the Northern Territory, it removed the discretionary powers of magistrates. Police, though, have had their discretionary powers increased. After all, they make the call in the field whether they will investigate a matter or charge someone, or in the case of juveniles send them to a diversionary program. If the matter is trivial, like stealing a packet of biscuits, police know too well the adult accused will be gaoled if found guilty. But what happens if the police start playing politics?

Former Territory Labor politician and current Darwin City Council alderman, John Bailey, recently had his house broken into. It was the last of three incidents in the past eight weeks. Mr Bailey told ABC Darwin's Fred McCue, police haven’t investigated the break-in because his family opposes mandatory sentencing. He says when a complaint was made to police about the break-in, his wife was asked whether she supported mandatory sentencing.

JOHN BAILEY: They did raise that issue and I thought that's a bit strange. But what was stranger, Fred, was the next day I dropped my kids off at school and got home to a message on my answering service which stated that in fact the CIB weren’t sure whether there was anything to investigate because they weren’t sure whether there was a formal complaint to act upon, because the uniform police had noted on their report that the complainants didn’t support mandatory sentencing.

JOHN TAYLOR: Here's part of that message left by the Darwin CIB officer.

CIB OFFICER [recording]: We are investigating the break-in to your house. Just that the uniform officers had earlier attended, noted on the chart, that there may not be a formal complaint due to anti-mandatory sentencing stance or some such thing.

JOHN BAILEY: We’re now finding that justice is being meted out at the point of investigation and, if the person doesn't support mandatory sentencing and doesn't feel it's appropriate, they may be left with a situation where there is no follow-up investigation to try to find the perpetrator. So it's the victim who is punished in this case, and in fact the criminal gets away with the crime unless you support mandatory sentencing.

JOHN TAYLOR: Territory Police Minister, Mike Reed, seemed unconcerned by the incident.

MIKE REED: From the point of view of asking that question, it may not be appropriate. It may have been, as you suggested, a question that an officer asked without thinking too much about it.

JOHN TAYLOR: Territory Labor Leader Clare Martin has called for an official Ombudsman's investigation and it appears the police have been asking other members of the public their views on mandatory sentencing. On ABC talk-back radio this morning, an anonymous caller told Fred McCue about how her house was broken into at night four or five months ago. She and her children were asleep inside at the time and her wallet containing $650 was stolen.

CALLER: I woke up one Sunday morning to find my back door jimmied off, and my two kids and I had been asleep upstairs and I was just beside myself when I rang the police. They came around really quickly, but one of the questions when they got there, they said, ‘Oh do you support mandatory sentencing?’ They gave me the clear impression that - I told them I didn’t – and they said, well you sort of, this is the sort of thing you can expect. And I mean I was crying. I had received a severe shock that someone had been in my house and all I was really interested in was that my kids and I were safe. And when I thought about it some more, they left me with the impression… they didn’t take any fingerprints. They didn’t follow up. I never heard from them again. They left me with the impression that, because I didn’t support it, they weren’t really interested.

While PARIAH members sympathize with these victims of NT Police playing politics - We cop it a great deal harder without any publicity. Mandatory sentencing is for the poor (and preferably black) not for people who commit crimes against people the NT Police consider undesirable.

Back Next