WGAR News: "Intellectually Impaired Aboriginal Peoples vs. the Justice System: A Story of Unfair Treatment"

Newsletter date: 26 March 2014

Contents:

* Gerry Georgatos, The Stringer: Call for Prime Ministerial Amnesty for 5,000 inmates

* Mikaela Simpson, CAAMA Radio: Intellectually Impaired Aboriginal Peoples vs. the Justice System: A Story of Unfair Treatment [Featuring Ian McKinley]
* Gerry Georgatos, The Stringer: Marlon Noble, Rosie Anne Fulton - but what about the others?
* Gerry Georgatos, The Stringer: Rosie Anne Fulton
* Articles and Petition about Aboriginal disabled people jailed without conviction

* Background to Justice Reinvestment, Aboriginal imprisonment and Aboriginal Deaths in Custody

* GERRY GEORGATOS, THE STRINGER: CALL FOR PRIME MINISTERIAL AMNESTY FOR 5,000 INMATES

- Analysis / Opinion

The Stringer: Call for Prime Ministerial Amnesty for 5,000 inmates
http://thestringer.com.au/call-for-priministerial-amnesty-for-5000-inmates/
5 Mar 14: "The Prime Minister should immediately release – by amnesty – 65 per cent of the First Nations prison population. There are more than 8,500 First Nations people in prison today – but 65 per cent of them are in for minor offences – the type of offences that if they were released immediately, they would not pose any serious risk to society. Most Australians are aware that First Nations People are jailed at much higher rates than the rest of the Australian population. It is now becoming common knowledge that Australia’s First Nations adult males are incarcerated at the world’s highest rate." By Gerry Georgatos, a life-long human rights and social justice campaigner, a multi-award winning investigative journalist

* MIKAELA SIMPSON, CAAMA RADIO: INTELLECTUALLY IMPAIRED ABORIGINAL PEOPLES VS. THE JUSTICE SYSTEM: A STORY OF UNFAIR TREATMENT [FEATURING IAN MCKINLEY]

- Audio Interview

CAAMA Radio: Intellectually Impaired Aboriginal Peoples vs. the Justice System: A Story of Unfair Treatment
[CAAMA: Central Australian Aboriginal Media Association]
http://caama.com.au/intellectually-impaired-aboriginal-peoples-vs-the-ju...
http://caama.com.au/wp-content/uploads/2014/03/Ian-McKinley.mp3
19 Mar 14: "An investigation has revealed dozens of intellectually disabled Aboriginal people being kept in prison indefinitely because of a lack of proper health care facilities. ... Ms Fulton [Rosie Anne Fulton] has been serving the last 18 months inside a Kalgoorlie jail for minor offenses, after being deemed unfit to plead due to being intellectually impaired. Mikaela Simpson talks to her guardian, and former police officer Ian McKinley about the unfair treatment Aboriginal people with disabilities when dealing with the Justice System."

* GERRY GEORGATOS, THE STRINGER: MARLON NOBLE, ROSIE ANNE FULTON - BUT WHAT ABOUT THE OTHERS?

- Analysis / Opinion

The Stringer: Marlon Noble, Rosie Anne Fulton - but what about the others?
http://thestringer.com.au/marlon-noble-rosie-anne-fulton-but-what-about-...
23 Mar 14: "We know of Marlon Noble and of Rosie Anne Fulton but what about the rest? According to Australia’s Disability Discrimination Commissioner, Graeme Innes there may be more than 30 First Peoples with disabilities languishing in Western Australian and Northern Territory prisons. According to the First Peoples Disability Network, it could be as many as 50. The Federal Minister for Indigenous Affairs, Nigel Scullion, has intervened in the case of Ms Fulton, however he should intervene with all the cases. ... " By Gerry Georgatos, a life-long human rights and social justice campaigner, a multi-award winning investigative journalist

* GERRY GEORGATOS, THE STRINGER: ROSIE ANNE FULTON

- Analysis / Opinion

The Stringer: Rosie Anne Fulton
http://thestringer.com.au/rosie-anne-fulton/
Mar 14: "History has repeated itself with another intellectually disabled Aboriginal person found to be languishing in a Western Australian prison. It was two years ago that 29 year old Marlon Noble was conditionally released from prison after 11 years – without ever having been convicted by a court. Similarly, 23 year old Rosie Anne Fulton has been in prison for 18 months after being charged, but not convicted, of minor driving offences. The court found her unfit to plead to any charges because of an intellectual impairment." By Gerry Georgatos, a life-long human rights and social justice campaigner, a multi-award winning investigative journalist

* ARTICLES AND PETITION ABOUT ABORIGINAL DISABLED PEOPLE JAILED WITHOUT CONVICTION

- Petition

Change.org : Roseanne is facing a lifetime in prison because of her disability. Stop the neglect.
Petitioning Adam Giles
http://www.change.org/petitions/roseanne-is-facing-a-lifetime-in-prison-...
"This petition will be delivered to:
Northern Territory Chief Minister Adam Giles
Northern Territory Minister for Justice Johan Wessel Elferink
Northern Territory Minister for Alcohol Rehabilitation Robyn Lambley
Northern Territory Minister for Women's Policy Bess Price"
"Petition by Ian Mckinlay Australia"
"Roseanne is 24 years old, locked in a prison indefinitely – yet has not been convicted of any crime. She has foetal alcohol brain damage, and the NT Government is refusing to provide care for her, instead leaving her locked up in prison. I am her legal guardian. She called me last night distraught, wondering why she is locked in a cold concrete cell, not understanding what she has done wrong, wondering when she will get out. ... Roseanne has now been in prison for 18 months. She hasn't been convicted of a crime."

- Analysis / Opinion

The Guardian: Jailed without conviction: send Rosie Anne Fulton home
http://www.theguardian.com/commentisfree/2014/mar/14/jailed-without-conv...
14 Mar 14: "Around 30 Australians who have not been convicted of a crime call prison their home - and the length of time they will spend there has not been determined ... For most of us, jail is a theoretical concept. It’s somewhere you go if you commit a serious crime. And that’s fair enough. Neither of us writing today have committed a crime, but in various roles during our lives we have visited places of detention - for short times, and knowing we can always walk out." Mick Gooda and Graeme Innes

Mick Gooda: The Guardian
http://www.theguardian.com/profile/mick-gooda
"Mick Gooda is Australia's Aboriginal and Torres Strait Islander social justice commissioner"

Graeme Innes: The Guardian
http://www.theguardian.com/profile/graeme-innes
"Graeme Innes is Australia's disability discrimination commissioner"

- Analysis / Opinion

The Guardian: Roseanne Fulton and the other Indigenous disabled people Australia has failed
http://www.theguardian.com/commentisfree/2014/mar/20/roseanne-fulton-dis...
20 Mar 14: "A woman has been in prison for 18 months, simply because she is vulnerable - and her case is one of many that should be causing a national outcry ... For too long the needs of Aboriginal people with disabilities and their families have been overlooked. ... Roseanne is just one of many Aboriginal people with disabilities whose lived experience should be causing a national outcry. ... But I am greatly heartened by the response by many Australians who are outraged by Rosie’s treatment." Damian Griffis, executive Officer of First Peoples Disability Network, chair of the committee on closing the gap for disability

- Video

ABC Lateline: Aboriginal woman’s jailing highlights plight of intellectually impaired Aboriginal offenders
http://www.abc.net.au/news/2014-03-12/intellectually-disabledaboriginal-...
13 Mar 14: "An investigation has revealed dozens of intellectually disabled Aboriginal people are being kept in prison indefinitely because of a lack of proper healthcare facilities. The ABC's Lateline program exposed the case of 23-year-old Rosie Anne Fulton, who has spent the past 18 months in a Kalgoorlie jail without a trial or conviction after she was charged with driving offences. The magistrate in her case declared her unfit to plead because she is intellectually impaired - a victim of foetal alcohol syndrome - and has the mental capacity of a young child." By John Stewart

- Audio

The Wire: Aboriginal people with disabilities locked up in our prisons
Produced by Mikaela Simpson
http://www.thewire.org.au/storyDetail.aspx?ID=11328
13 Mar 14: "People with Disabilities is the National Peak Body for Australians living with a disability. They've stepped in to run a campaign on behalf of Aboriginal people who have been left to languish in prisons despite not being convicted of any crime. Many suffer from Foetal Alcohol Syndrome, and have been arrested after committing minor offences, but are unable to enter a plea due to mental impairment."

- Related Audio Interview

National Indigenous Radio Service 'Weekly News In Review'
Please click on the drop box link below to access ‘Weekly News In Review’:
https://www.dropbox.com/s/ohfv7g8x7pls2jr/WNIR%20MASTER%2017%20March.mp3
17 Mar 14: "This week, WNIR features interviews with:
* Chair of the Uniting Aboriginal and Islander Christian Congress,Yolngu Rev. Rronang Garrawurra highlighting issues such as the case involving Roseanne Fulton, a 24 year old woman who was born brain-damaged with foetal alcohol syndrome. It’s estimated Rosey and up to 30 other intellectually disabled First Nations people are being held in jails across Western Australia and the Northern Territory, without conviction.
* Linda Burney ...
* Les Malezer ... "

[Please note that NIRS WNIR may expire soon. So to avoid disappointment you may need to download it soon.]

- Analysis / Opinion

Green Left: Aboriginal people imprisoned without charge
https://www.greenleft.org.au/node/56083
15 Mar 14: "About 30 Aboriginal people with intellectual impairments are locked up in Australian prisons without charges, ABC’s Lateline reported on March 12. The report highlighted the case of Rosie Anne Fulton who has spent 18 months in a prison in Kalgoorlie without facing trial or being convicted of a crime. There is no specialist accommodation for people with disabilities in the Northern Territory. Fulton wants to move to Alice Springs to be closer to her family, but an application to house her in specialist accommodation has been rejected."

- Media Release

Greens Senator Rachel Siewert: Senate backs Greens motion for federal action to help Rose Anne Fulton
http://rachel-siewert.greensmps.org.au/content/media-releases/senate-bac...
18 Mar 14: "Aboriginal and Torres Strait Islander Issues ...
The Senate has backed an Australian Greens motion calling on the Federal Government to assist in the case of Rose Anne Fulton, who has been held in custody in Kalgoorlie, WA for 18 months without a trial or conviction.
The motion was moved by Senator Rachel Siewert, Australian Greens spokesperson on Aboriginal and Torres Strait Islander issues.
"It is unacceptable for people to be held indefinitely in custody without conviction," Senator Siewert said today.
"It is cause for national shame that people with disabilities are being left in custody because of a lack of suitable accommodation, services and supports. ...
"Federal, state and territory governments have an obligation to ensure no one is denied natural justice or has their human rights infringed upon because of their disability," Senator Siewert concluded."

- Media Release

Greens Senator Rachel Siewert: Federal leadership needed to end indefinite incarceration
http://rachel-siewert.greensmps.org.au/content/media-releases/federal-le...
13 Mar 14: "Aboriginal and Torres Strait Islander Issues
The Australian Greens said today that the Federal Government needs to work with the states and territories to address the number of people with a cognitive impairment subjected to indefinite incarceration, a situation that overwhelmingly affects Aboriginal people.
"Indefinite incarceration raises serious human rights concerns and is an unacceptable way to treat people with disability, mental health condition or cognitive impairment," Senator Rachel Siewert, Australian Greens spokesperson on Aboriginal and Torres Strait Islander issues said today.
"It is inexcusable for people like Rosie Anne Fulton to be left in jail because of inadequate support within the justice and healthcare systems, and because the WA and NT cannot work together effectively. "This is not an isolated case. Aboriginal people are being denied access to justice because of a lack of appropriate treatment, support or accommodation options. ... ""

- Audio

SBS World News Radio: Prison 'a trap' for people with disability
By Verica Jokic
http://www.sbs.com.au/podcasts/Podcasts/radionews/episode/323488/Prison-...
14 Mar 14: "There are calls for an urgent end to the practice of sending intellectually disabled people to jail if they have not been found guilty of a crime. ... The Aboriginal Disability Justice Campaign's Patrick McGee says people with an intellectual disability often end up in jail because laws are structured to allow it to happen. ... Most of the people with intellectual disabilities who are in jail are in Western Australia and the Northern Territory."

- Audio Interview

SBS World News Radio: Mentally-impaired Indigenous people 'in legal limbo'
By Thea Cowie
http://www.sbs.com.au/podcasts/Podcasts/radionews/episode/323258/Mentall...
13 Mar 14: "Mentally-impaired Indigenous Australians are being held in indefinite detention without being convicted of a crime. ... The Aboriginal Disability Justice Campaign says at least 30 mentally-impaired Indigenous Australians are being held in indefinite detention without being convicted of a crime, because there's nowhere else to send them. 23-year-old Rosie Anne Fulton is one such case. Ms Fulton, who was born with foetal alcohol syndrome, has spent the last 18-months in a West Australian prison after being charged with driving offences."

- Audio

ABC PM: Commissioner wants to know number of disabled people detained indefinitely
http://www.abc.net.au/pm/content/2014/s3962806.htm?site=indigenous&topic...
13 Mar 14: "MARK COLVIN: Calls are growing for West Australian authorities to release an intellectually disabled Aboriginal woman who's been in jail for 18 months without a conviction. Last night's Lateline program investigated the detention of Rosie Anne Fulton. She was charged with driving offences but found unfit to plead because of limited intellectual capacity. More than 25,000 people have signed an online petition started by her legal guardian, retired policeman Ian McKinlay. Australia's disability discrimination commissioner Graeme Innes has told Brendan Trembath that he wants to know exactly how many disabled people are being indefinitely detained in Western Australia, and in the Northern Territory where Rosie Anne Fulton is from."

* BACKGROUND TO JUSTICE REINVESTMENT, ABORIGINAL IMPRISONMENT AND ABORIGINAL DEATHS IN CUSTODY:

Last updated: 6 March 2014

http://indymedia.org.au/2012/12/17/background-to-aboriginal-imprisonment...

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