Wednesday, December 12, 2007

Judge Sarah Bradley to Head McGinty’s New WA Aboriginal Court?


Judge Sarah Bradley Supports McGinty’s New WA Aboriginal Court?


When the Desert Rat read this week’s sordid account of the pack rape of a 10 year old girl; the trial and “sentence” by enlightened Judge Sarah Bradley, it epitomised all that the Desert Rat thinks is sick with the Socialist Left Aboriginal Justice agenda.


Cactus Kate is a blogger of note who writes for the NZ Dominion Post. She gives Judge Sarah Bradley a touch up in her column and describes her as a “Dead Woman Walking”.


“ ... She's the Judge who refused to jail 9 men and boys who raped a 10 year old girl. She sentenced three men aged 17, 18 and 26 to six months' imprisonment, suspended for 12 months.

"Sentencing indigenous offenders is never easy," she told a conference in Perth earlier this year.

For raping a 10 year old? Oh hell yes it is.

Of course the 10 year old consented:

"Although she was very young, she knew what was going on and she had agreed to meet the children at this particular place and it was all by arrangement.

It gets worse - she's Aborigine, they all do it!

Mr Carter (the DDP Prosecutor) also told the court such incidents were not out of character in small, remote communities.

All the more reason to put a stop to it.

One hopes sanity prevails on appeal and Bradley is given a nice sideways promotion to traffic cases. ...”


Desert Rat has no doubt that the hair-brained Cairns District Court Judge Bradley is an admirer of Attorney General Jim McGinty and his view on the more lenient treatment of Aboriginal offenders.


Like McGinty, Judge Bradley is an admirer of the approach taken in the WA Law Reform Commission Report “Two Separate Systems of Law” – the Report Attorney General Jim McGinty so effusively supported when he released it.


At the Judges conference in Perth earlier this year Judge Bradley referred to the problem of initiatives both legal and legislative that send “mixed messages” about Indigenous justice and sentencing. In this decision, Judge Bradley is sending a clear message about where she stands on this issue. She is firmly in the McGinty and WA Law Reform Commission camp in their approach to Aboriginal sentencing.


She contrasted this to the Howard Government controlled Senate which passed amendments in 2006 when they used their numbers to remove the reference to “cultural background" as a factor which the court must take into account in determining a sentence. Customary law was being successfully used in the Courts to justify serious criminal behaviour. Will the next step of the Socialist Left intelligentsia be to decriminalise paedophilia in Aboriginal Communities?

McGinty has a trial underway to help implement this “progressive” WA Aboriginal Court initiative.


McGinty’s attitude contrasts with the Howard Government approach, which is supported by the likes of Indigenous leader Noel Pearson who opposes special treatment of Aboriginal people in the courts. The Desert Rat agrees with Pearson who said "there is evidence that one of the problems with the criminal justice system today is that it is often too lenient towards Aboriginal offenders, especially when it concerns violence towards other Indigenous people (usually family members)”.


Was Judge Bradley putting up her hand to head the WA Aboriginal Court when speaking in Perth? Her speech would have impressed McGinty as she pushed all the correct Socialist Left buttons.


The Desert Rat hasn’t heard McGinty distance himself from Judge Bradley’s approach. Is this the type of sentencing we will see under our new WA Aboriginal Court system so strongly supported by McGinty?

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