As a result I have noticed a rewarding development in our relationship.
I believe a first practical step to advance reconciliation in Australia would be to introduce a local Aboriginal language into all primary and middle schools. And there are plenty people out there whose status can immediately be raised by employing then as language teachers.
Indeed there should also be a post graduate requirement for the police and the legal profession - including magistrates and judges - to do such language courses to avoid a possible misunderstanding or miscarriage of justice.
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Early in 1966, I had occasion to attend a Monday morning call-over in a Darwin Magistrates Court where the weekend’s haul of arrests were to face their preliminary hearings. Most cases involved drunk charges, however, there were a couple more serious charges. The Court Orderly would come outside the court-room and call the name of each defendant who would all respond “fine guilty”: their expression to plead for a fine.
On one occasion, the orderly called out “Jack, Jack” whereupon an Aboriginal man stepped forwards and when the charge for assault with a weapon was read out, he responded “fine guilty” there upon being remanded in custody for trial.
A few cases later, another call was made for “Jack, Jack” and another Aboriginal man stepped forwards. He too pleaded “fine guilty” when the charge for drunk was read out whereupon he was fined $10.
As he was about to leave, a police constable arrived to give evidence in the assault with a weapon charge to find that the wrong “Jack” had pleaded guilty to the assault charge.
The court was able to sort out the mistake luckily, but one wonders how many Indigenous people are languishing in jail through a misunderstanding of charges and/or evidence produced.
In 1975 I was called up on a panel for selection of a jury in a murder trial. The court attendant read out the charge in the language of the court for example: “[name of defendant], you are hereby charged that on [such and such date] you did feloniously and maliciously murder [name of victim] at [address]. How do you plead, guilty or not guilty?”
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The poor devil just stood there speechless until the judge, in order to facilitate the matter said to the defendant, “Are you guilty or not guilty? Still no response so the judge said, “Did you do it?”
I rose to my feet and objected. As I had sought an exemption in an earlier case, the judge, thinking I was again seeking an exemption asked me if I still needed to be excused. I said “No, I am objecting to the way this defendant is being dealt with”. His response was to tell me to sit down. Of course, when the time came for the selection of the jury, the prosecution stood me down.
I raised the matter with the local paper and before long, interpreters were made available.
I firmly believe there is a strong argument for existing Aboriginal languages to be taught to the broad community.
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