Hundreds of Australians endure the ordeal of jail because of unpaid fines, their poverty a burden. Disproportionately First Nations people are incarcerated ‘to pay off’ their fines. According to the president of the Indigenous Social Justice Association, Ray Jackson this “draconian practice criminalises people and destroys families and futures.”
Recently, ‘unpaid fines’ cost the life of a 22-year-old Yamatji woman, Juliecka Dhu. On Saturday, August 2, Ms Dhu was arrested along with her boyfriend, Dion Ruffin, and both were detained by Western Australia’s South Hedland police. They were to be released on Tuesday, August 5 but Ms Dhu died on the Monday, 48 hours into her detention in the South Hedland police lock up. Around noon on the Monday Ms Dhu was transferred from the police lock up to the South Hedland campus where soon after she was pronounced dead.
It is believed that Ms Dhu had several hundred dollars in unpaid fines, though a source said that it may have been up to a couple of thousand dollars but in any case this does not matter. No-one should be incarcerated for anything as minor as unpaid fines. The human rights award winning laureate, Mr Jackson said if recommendations from the Royal Commission Deaths in Custody had been implemented by Western Australia, Ms Dhu would not have been detained. Hundreds of people are jailed each year and criminalised for unpaid fines.
“The Royal Commission into Aboriginal Deaths in Custody recommendation 120 states that unpaid fines be waived if over five years old and recommendation 121 states that instead of imprisonment other alternatives should be sought,” said Mr Jackson.
“NSW has implemented aspects of these recommendations but Western Australia has failed to reason the common sense within these recommendations. Had they reasoned the value in these recommendations Ms Dhu may well still be alive today.”
“Detainment in a police lockup for me is the equivalent of jail as far as I am concerned in these unpaid fines matters.”
“It is no secret that Aboriginal people in Western Australia endure the nation’s highest arrest rate and the nation’s highest imprisonment rate.”
“The Western Australian Government continues to ignore lessons that should have long ago been learned.”
Mr Jackson said the myriad social ills First Nations people face in Western Australia should always be taken into account – “the social problems of homelessness, alcohol, mental ill-health, the effects of institutionalisation and so much more.”
“Implementing simple recommendations born two decades ago will help people and relieve so much unnecessary burden.”
Recently, a Cairns grandmother who had called police to report a break-in to her home was instead arrested for a two-decade old unpaid fine – a parking fine of $20! The Manunda woman, Dorothy Deshong was humiliated. She said she had been unaware of a warrant for her arrest over the fine. Instead of police investigating the break-in, Ms Deshong was forced into the back of a paddy wagon and held in police custody until the 22-year-old debt was ‘paid off’. The Queensland Police Commissioner has apologised for this incident.
Ms Deshong should never have been carted off over a $20 parking fine. The unwell Ms Dhu should never have been detained in a lockup to ‘pay off’ fines. Hundreds of people each year should not be criminalised over unpaid fines. Most of them are just poor.
Why doesn’t the state government waive all outstanding fines for Aboriginal people?
It would be cheaper than finding the people and then imprisoning them.
After that, anyone who has a fine who receives social security has to pay them off (eg $25 per fortnight) by automatic deduction from their payments.
The present situation means it costs the taxpayer money to not get the fines paid – dumb system!
Fining people who have very little makes no sense at all. It is known people with few assets do time in jail and the cost of the system used to imprison people usually exceeds the fine. The wealthy pay for good lawyers and don’t do time. With incarceration rates for aboriginal people being so high, you would presume they would be looking at alternatives but there is no incentive to do so, justice is an industry. You cannot get blood from a stone. No one one at all should be dying in custody as mentioned but they just don’t seem to care. The cruelty of transporting prisoners in un air conditioner locked vans in 40 or more degree heat resulting in death defies belief especially when it is for a stupid unpaid fine. It is inhuman.
This is not a justice system, there is no justice. This is a system that disempowers those who have little and promote privilege to the chosen few at the expense of everyone else.
WGAR News: Justice for Julieka Campaign: Deaths In Custody Watch Committee WA
https://indymedia.org.au/2015/02/06/wgar-news-justice-for-julieka-campaign-deaths-in-custody-watch-committee-wa
Contents:
* Bulletin: January edition of the Deaths In Custody Watch Committee WA Inc ‘iNSiDE Out’ E-Bulletin
* Campaign: Deaths In Custody Watch Committee WA: Justice for Julieka Campaign
* Petition: Deaths In Custody Watch Committee WA: Petition in relation to the Death in Police Custody of 22 year old Ms Dhu
* News: Amy McQuire, New Matilda: Julieka Dhu’s Family Slams Barnett Govt Over Death In Custody And Town Closures
* News: Human Rights Law Centre: Still no answers for the family of Julieka Dhu
* News: Caitlyn Gribbin, ABC News: Ms Dhu’s family call for urgent inquest into Aboriginal woman’s death in police custody
* Audio: Warren Barnsley and ABC News, NIRS: Calls for answers on Ms Dhu’s death continue six months later [Featuring Ms Dhu’s grandmother, Carol Roe]
* Analysis / Opinion: Gerry Georgatos, The Stringer: Family of Ms Dhu still waiting for answers
* Analysis / Opinion: Nancy Jeffrey, The Daily Telegraph: Statistics that tell us things have to change
* Analysis / Opinion: Chris Sarra, The Guardian: We must look to our humanity to solve the crisis of Indigenous incarceration
* Audio: Jordan Curtis, The Wire: Campaign to lower young indigenous incarceration [Featuring Sarah Hopkins, Chairperson of Just Reinvest & Mick Gooda]
* Analysis / Opinion: Jason Thomas, SBS News: How much does it cost to keep people in Australian jails?
* Analysis / Opinion: PS News: Call for justice on legal aid cuts
* News: Land Rights News – Northern Edition: APONT raises concerns over youth in detention
* Analysis / Opinion: John B. Lawrence SC, Land Rights News – Northern Edition: Lock-up mania: NT leads the world
* Analysis / Opinion: Gerry Georgatos, The Stringer: 11 years on, the protests remain large but no justice for TJ Hickey family
* WGAR Background: Justice Reinvestment, Aboriginal imprisonment and Aboriginal deaths in custody