Rosie Anne Fulton

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.

Her legal guardian is a former police officer, Ian McKinlay, and he is calling for her to be returned home, to Alice Springs. Mr McKinlay launched a change.org petition urging the Northern Territory Government to ensure adequate accommodation and support services in Alice Springs for Ms Fulton to be transferred to. Within a week the petition has reached nearly 100,000 signatures.

“In her teen years, Rosie Anne ended up in Alice Springs with an obvious intellectual disability and she just virtually lived in the riverbeds and the hillsides around the town,” said Mr McKinlay.

Mr McKinlay described Ms Fulton’s youth as “an absolutely horrific life.”

“She has suffered a lifetime of sexual and physical abuse.”

“(Rosie) has an intellectual disability and still the Northern Territory Government leaves her in a Western Australian prison indefinitely, not guilty of any crime.”

Since the arrest of Ms Fulton in faraway Kalgoorlie, Ms McKinlay has pursued the Northern Territory Department of Health to assist in providing services in Alice Springs so she could be relocated.

“Rosie is hopeful, but it’s taken many, many months to get her to understand that she’s not under sentence and will not be released at some point,” said Mr McKinlay.

“We are trying to keep her encouraged and keep her spirits up that she will get out of jail to proper care, preferably in Alice Springs. She sees Alice Springs as home.”

Ms Fulton has most of her remaining family and two siblings in Alice Springs. “Western Australia has no facilities or services for cognitively impaired people. The only place they can be placed is in prison and this is indefinite imprisonment.”

“The Northern Territory Government has wiped their hands of Rosie. Despite building a brand new facility to care for people like Rosie Anne, the NT Government is refusing to offer her a secure care placement that would allow her release.”

The Australian Human Rights Commission’s disability commissioner, Graeme Innes said he it was time that there was record of how many disabled people are in indefinite detainment.

“All Australians should be disturbed by Rosie’s story. She has never been convicted of any crime, yet she has been in prison for 18 months.”

Mr Innes said that he was aware of up to 30 Australians held in prisons indefinitely, unfit to plead.

“What must change is that we should not lock up people who are not going to be convicted of a crime.”

Mr Innes said it was incumbent upon Governments to “provide appropriate accommodation, either in community with some support or in appropriate facilities.”

Mr Innes has called upon both the Western Australian and Northern Territory attorney-generals to resolve Ms Fulton’s predicament and relocate her to Alice Springs.

Australian Human Rights Commission social justice commissioner Mick Gooda said that he understood that the majority of people in indefinite detainment without conviction are First Nations people.

Aboriginal Disability Justice Advocacy interviewed by the National Indigenous Radio Service 

Gerry Georgatos interviewed by the National Indigenous Radio Service