In South Australia, with an election close, both Labor and Liberal politicians play the ‘law and order’ card constantly in the media. But in doing so, the Chair of the SA Council for Civil Liberties warns, they are being both unfair and unwise, particularly when their gratuitous comments apply to Aboriginal children.
Premier, etc ‘unwise to comment’
Editor, Re “Gang of 49” comments in South Australia
(see bottom of letter for reference)
The South Australian Council for Civil Liberties is concerned about the political and press responses involving the arrest and charging of some South Australian Aboriginal young offenders labelling them as members of a “Gang of 49.”
Before those who criticise us write us off as ‘hippies’ or some other fringe term it might be of interest to know that the members of the Council include a number of concerned South Australians interested in the civil liberties of all citizens and are from all walks of life. Indeed its members include four serving State of South Australia MPs from both sides of the political divide as well as former members of our State Parliament.
The Council understands that the term “Gang of 49” was constructed by SA police, that, some years ago, prepared a list of 49 Aboriginal offenders, living predominantly in the Western suburbs and who were known to the police. There is no gang; there was a list.
A gang is a group of people who join together and agree to some code e.g. gangs that the SA Government already target who ride motorcycles together and have been charged with drug, gun and other offences as in the Finks or the Hell’s Angels. There is no “Gang of 49”.
Further the Council is concerned that quite inflammatory statements have been made by various people on both sides of politics who have purported to have already found some young Aboriginal offenders guilty, naming their conduct and their families in disrespectful ways and questioning parenting styles and motives for criminal activity all before even one of these people has either admitted the charge or had a trial. There have even been suggested sentences in some of the comments made and views expressed that they are beyond rehabilitation or redemption.
It is possible that the police have arrested the wrong person! It is possible that one of these young Aboriginal persons comes from a background that has caused them harm or that they suffer from a mental or physical disability. The Mulligan Inquiry into Children in Care conducted by the State Government told us that many people were abused as children went on to commit crimes before their abuse could be recognised or dealt with.
Further the Royal Commission into Aboriginal Deaths in Custody told us that generations of alienation, removal and abuse of our indigenous population caused many young Aboriginal youths to get into conflict with the law. An inquiry conducted by psychiatrists in SA into women in prison found almost all (over 90%) of the women prisoners in the SA prison system had been sexually and/or physically abused before the age of 16.
Without knowing if the police have arrested the right person, or the background, age or mental health of any of the offenders if they have arrested the correct person, it is the Council’s view that it is wrong and unfair to use the criminal activity targeted in such a politically opportunistic way. Young Aboriginal people are among the most disenfranchised in the community. They hardly have a voice to answer back to journalists and politicians.
As the SA Premier was advised by his lawyers when he was the alleged victim of an assault recently it is unwise to comment on a pending matter until the matter has been finalized in Court. That is good advice whether you are young and Aboriginal or the Premier of the State…and the Press, Government and Opposition should follow it.
Claire O’Connor
Chair
SA CCL
The SA CCL letter is in respect of this issue:
Uni lecturer criticises ‘pure evil’ and ‘little turds’ comments
Adelaide Uni criminology exprt Dr Allan Perry has slammed comments by politicians that members of an Aboriginal gang were “pure evil” and “little turds”.
Such comments only encourages their behaviour, Dr Perry said.
A reported 50-member gang has been accused of a five-week rampage, including armed hold-ups and home invasions.
SA’s Attorney-General Michael Atkinson called them “pure evil” and beyond rehabilitation. “We are dealing with an evil phenomenon. We are dealing with a criminal gang, gunmen, who go round in gangs hitting soft targets. This is about pure evil,” he said.
His Opposition counterpart Vicky Chapman said: “These are children who are really little turds, let’s be honest, they really are difficult children and they have got all sorts of hideous backgrounds and they’re nasty little pieces of work,” she said.
Dr Perry said the politicians’ emotional outbursts didn’t improve things. “I’m afraid all it does is reinforce the extremely inefficient punishment paradigm that has characterised the correction system in SA for a very long time.”
“For senior government officials and Opposition officials to come out in this sort of way, I think increases the (gang members’) sense of celebrity,” he said. “It’s been done purely for political reasons, which is what so much of criminal justice policy is underpinned by and why overall it’s so ineffective.” http://www.abc.net.au/news/stories/2009/10/13/2713166.htm