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Davies, Sam --- "Warrnambool Koori Court: Improving Relations Between Indigenous People and Victoria Police" [2005] IndigLawB 52; (2005) 6(14) Indigenous Law Bulletin 6


Warrnambool Koori Court: Improving Relations Between Indigenous People and Victoria Police

by Sam Davies

Warrnambool’s Chief Inspector John Robinson is circumspect when talking about 153 years of relations between Victoria Police and local Aboriginal communities:

You can see over the history where police have tried to have a positive impact on Kooris, and when we’ve been servants of the State and had some fairly adverse impacts on the community. But I think history would show in the last few years we would have done pretty well.

There are about 420 Kooris in Victoria’s south-west. In February, Warrnambool became the third regional centre after Shepparton and Broadmeadows to introduce a Koori Court. Mildura opened its own Koori Court in July.

Touring the upstairs chambers of Warrnambool’s months-old court building with Koori Elders after its opening, Chief Inspector Robinson noticed some where shedding tears.

We went upstairs and were shown the judge’s chambers, and the magistrates’ chambers, and then the Elders’ chambers. They were all the same size, and the Elders said to me, ‘do you realise what this means?’ It was the first time in 150 years they were equals in the eyes of the justice system. They had equal ownership of the court, and it wasn’t just seen as white man’s justice.

Chief Inspector Robinson said it marked a peak in the relationship between police and Kooris which, 15 years ago, seemed implausible.

Back in 1988 we had Aboriginals outside the Police Station demonstrating, and Police inside with batons; both sides gesticulating. It was mind-boggling. But that’s all caved-in. Now we’ve seen an easier way.

Chief Inspector Robinson said that through liaising with the Koori communities, relations began to thaw.

In the past I think they have been without any ability to do anything about their problems. We now have a Police Liaison Officer who gets out there and talks to them about their problem, how best to deal with it. The number of complaints against police has dropped off because we’ve been able to get out there and probably reduced some of that issue.

Since 1990, Warrnambool Police has held cultural awareness courses for new members. Up to 20 Elders come to the Police Station to talk about their experiences of culture, police and playing football. In the afternoon, Police are invited back to an Aboriginal cooperative.

Aboriginal Liaison Officer, Senior Constable Rick Cartwright, said the course was great for the new members, ‘and the Aboriginals also gain insight into how we work such as legalities, warnings, cautions and how we interview people.’

Police and Koori groups now hold regular informal gatherings, such as a cricket match against each other in March, dubbed ‘Lore versus Law’, and won this year by a slim margin by the Police.

‘I just like us to have an awareness and understanding of each other’, said Senior Constable Cartwright. ‘To understand it is not necessarily the case that police are picking on certain families, and there are reasons we will do certain things and don’t always have discretion.’

Senior Constable Cartwright replaced Sergeant Rod Horwill one year ago and credits his predecessor for much of the success.

When I introduced myself, 90 per cent of the community were open arms, because Rod Horwill had been doing it for so long. He did all the ground-breaking work.

Chief Commissioner Christine Nixon’s visit to Warrnambool’s Koori groups in 2001 instigated the unique division-level Aboriginal liaison role, and, said Senior Constable Cartwright, was important in demonstrating to Kooris that the change in relations was ‘coming from the top’.

With the good relations between police and the Aboriginal community, Chief Inspector Robinson seized the opportunity to push for a Koori Court.

We did some community profiling and we found a small number of Koori youth as recidivist offenders and the system didn’t seem to be working. We decided to pursue the potential for a Koori court in this State.

The Koori courtroom invokes a less formal atmosphere than the Magistrate’s Court. It hears lesser offences against members of the Aboriginal community, such as drug and alcohol and summary offences. The defendant, who must be pleading guilty, sits at an oval table alongside the judge, prosecutor and three Koori Elders, and together they discuss the most appropriate punishment.

‘There were a couple things it was hoped we would achieve,’ said Chief Inspector Robinson.

One was getting the justice system to work better for offenders, and ultimately cutting things off before they get to the court system. The other was to support the notion and authority of Elders, to get to the point where if a kid is mucking up and an Elder speaks to him, he knows he shouldn’t have done it.

Warrnambool’s Koori Court took interest from around the world – Chief Inspector Robinson said he received calls from media in London, and was also endorsed by local Koori communities.

Kirrae Wurrung community Elder ‘Uncle’ Lenny Clarke, was the Aboriginal advisor to the three former chief commissioners. Returning to Warrnambool’s Koori community in the 1990s, he said relations had undergone an ‘absolute change’.

I got involved with Victoria Police because I wanted justice done, to see better relations, and I felt police was genuine in seeking better relations with the Aboriginal and Victorian community. When I returned to Warrnambool, I could see the effects of the police effort. There was always mistrust between the two groups, which is historical, but I also think Victoria Police has always been a leader in setting the agenda for policing.

At a ceremony for the National Aboriginal Islander Day Observance Committee (‘NAIDOC’) in Warrnambool in July, Mr Clarke acknowledged Warrnambool police Superintendent Gordon McLeod and Chief Inspector Robinson as ‘Uncles’, and Senior Constable Cartwright as a ‘Cousin’; respected terms of address with Koori communities.

‘Generation after generation has always had a story to tell about bad relationships with the police,’ said Mr Clarke.

I just hope and trust that generation and generation will have good stories to tell, and I’m sure they will. Other policing communities will come here to learn from our example.

Sam Davies is a journalist with Victoria Police. This article will appear in the December 2005 edition of the Victoria Police publication Police Life.


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