Love and Law

Hi Sandra, In regards to news article in the Melbourne Age (14/09/09) by Lindsay Murdoch, It appears a that a young couple met at a sports meeting in 2006 at Papunya an Aboriginal community near the edge of the Northern Territory's western desert, and soon after applied for permission to marry, Under complex inter-marriage rules which Aboriginal people have abide by for centuries, as their skins were compatible, they were granted permission to marry which they did. Some time later the wife gave birth to a baby Boy.

As when soldiers and police start arriving in remote communities in 2007 under the intervention program, Like all proud mothers showed the baby to the Police, when asked, she proudly named her husband as the farther of the baby. The police then arrested him and he was placed in Jail many months. The Husband quite bewildered, had been informed that he could be sentenced to Jail for sixteen years for breaking the law. He was advised to plead guilty, which he did.

He appeared before Justice Southwood in the Supreme Court in Alice Springs. The Court referred to the husband as AK because he could not be identified. "Justice Southwood Said the case was difficult, but he recognised that a 14 years of age was too young for girls to be making decisions about sexual intercourse.

Judge Southwood acknowledged that Ak was sixteen years old at the time of the offence, and that AK was an impressive young man, with a good record and good work history, Justice Southwood, warned that "Young men in Aboriginal communities must learn that the wider community strongly disapprove of such relationship of such crimes. Justice Southwood convicted and sentenced AK two years and three months Jail.

I point out today in remote Aboriginal communities, the children are not registered at birth, and English is the third or fourth language. Traditional (law) Lore and religious is still maintained and practise in these outback communities. Lore of nature. When a girl turns in to a women then may wait for a mate?

In the communities mind nothing had been done Bad, they loved each other, had approval from both lots of parents and the community in general, they are married and have a baby, now it's our future and respect our Lore.

In his wisdom "Judge Southwood suspended the sentence forthwith, meaning the now convicted boy (AK) was released from custody and could legally be reunited with his wife,(now sixteen) and their son, in the world they know" ...Traditional Lore or ??

Consider the amount of time AK spent in prison, this causing unrest with the community, as reported " NT police would have turned a blind eye to the fact the boy had sexual intercourse with a fourteen girl because it accepted in aboriginal culture" It appears the case was to highlight the ongoing intervention program, is working?

If you consider the hardship and mental strain suffered by AK, his wife, family, and the wider aboriginal community, whom uphold their Lore, In fairness to all, I ask

1.Should AK be compensated for the time that he was in custody.

2.should Aboriginal Lore customs, religious believe be recognised by the Judicial system of Australia. if not why not.

Your Response greatly appreciated
Les McDonald