Opposition, community groups react to CLP’s strong bail reforms

Nightcliff’s local member says her electorate wants to see immediate action after the tragic death of a beloved grocer, while justice groups question whether new bail laws will work to keep the community safe.

The local member for Nightcliff has spoken of her electorate’s “deep distress and sorrow” over the death of Linton Feick, as she offered her unexpected support for tough new bail laws introduced in the wake of the storekeeper’s alleged murder.

Territory parliament was recalled on Wednesday to push through bail and youth justice reforms on urgency, expanding on changes introduced last year under the banner of Declan’s Law.

The emergency sitting was called in the wake of Mr Feick’s death last week, when he was allegedly stabbed while attempting to stop a shoplifter out on bail.

“This past week has been an absolutely gut wrenching time for everyone in my community,” Greens MLA Kat McNamara said.

Nightcliff MLA Kat McNamara outside the Nightcliff Friendly Grocer the day after the stabbing death of store owner Linford Feick. Picture: Pema Tamang Pakhrin

“I know that much of the community wants immediate action to make them feel safer. It is my duty as their elected representative to listen to them, so I will be supporting these amendments.”

Ms McNamara said she nonetheless held “deep reservations” about the changes to the Youth Justice Act which remove the principle of detention as a last resort, and condemned a lack of early interventions and programs for Territorians behind bars.

“There is endless evidence that the more children are locked up under punitive measures without rehabilitation, that just increases the likelihood they will reoffend. This makes our communities less safe, not more,” she said.

NT Opposition Leader Selena Uibo says Labor will support the CLP bail reforms. Picture: Fia Walsh.

The Opposition also voted in favour of the Bill, which rolls back many of the reforms introduced by the former Labor government in the wake of the royal commission into youth detention.

“No Territory family should ever have to endure the loss of a loved one after such a senseless act of violence,” Opposition Leader Selena Uibo said.

“We are prepared to support the changes that the CLP government is bringing forward today, changes that we have not seen yet, and we will be acting in good faith from the Labor opposition, because we know this is what Territorians expect.”

Yingiya Mark Guyula. Picture: Pema Tamang Pakhrin

Independent Mulka MLA Yingiya Mark Guyula called for the government not to rush through the laws without time to develop solutions “backed by community elders and leaders”.

The opposition and crossbench were briefed on the new laws – drafted in less than a week – late on Tuesday afternoon, and did not receive a copy of the draft Bill until parliament resumed on Wednesday morning.

“There is no question that the death of Mr Feick is a very sad tragedy, and a great loss for his family and the community, and justice must be served,” Mr Guyula said.

“But I do not believe the government has had enough time to properly investigate the amendments that are needed, nor has there been time to consult the experts and the community to understand what is truly going to create a safer community.

“If we do not address the underlying issues of crime, this method of locking people up in overcrowded cells with no genuine rehabilitation, will only make our communities less safe as people become hardened criminals. This is what we are seeing now.

“We have long raised our concerns about a lack of funding and resources for services and programs in the bush, for Raypirri programs, peacekeepers and genuine local-decision making, for equal resourcing of our schools and strong two-ways bilingual education, for better roads, infrastructure, housing and support for homelands, but governments have ignored many of these issues, and turned a blind eye to our disempowerment, poverty and pain.”

Independent MLA Justine Davis abstained from voting, saying it did a disservice to the community to rush through laws without more thoughtful and informed decision making.

North Australian Aboriginal Justice Agency (NAAJA) acting chief executive Anthony Beven. Picture: Zizi Averill

North Australian Aboriginal Justice Agency chief executive Anthony Beven said he was concerned the changes would result a further increase to the number of Territorians locked in a cell while their cases were being determined.

Mr Beven said the changes chipped away at a foundation of the Westminster legal system, that a person was presumed innocent until proven guilty.

“It’s not appropriate that people who have been charged, are now being labelled as committing a crime,” he said.

Mr Beven said the bail changes had the potential to expose innocent Territorians or for those whose charges would ultimately be ultimately downgraded, to excessive periods behind bars.

The latest NT Court statistics show that people were waiting an average of 351 days on remand for their Darwin Supreme Court matters to be finalised, and 90 days in the cells waiting for the local courts.

Mr Bevan said the focus should be on reducing the number of people on remand would ease some of the pressure on Corrections and the courts.

“The Chief Minister speaks of victims, the victim will not get justice unless it is done quickly and is done appropriately,” he said.

Mr Bevan he was concerned about reports of limited rehabilitation and diversion programs — due to overcrowding and regular lockdowns — meant that people were being released from prison without any support.

“How is that going to make the community safer? How is that going to lead to people reforming themselves, changing their ways?” he asked.

NT Mental Health Coalition chief executive Geoff Radford said he was concerned the changes would have a dangerous impact on Territorians with mental health conditions.

“The general concern is that people don’t go to correctional centres or to prison to get well,” Mr Radford said.

“People need wraparound, comprehensive support to help them manage their mental health and other circumstances which might have led to them to be in court.”

NT Mental Health Coalition chief executive Geoff Radford. Picture: Keri Megelus

Mr Radford said there was extensive evidence that people with mental health conditions were over-represented in prisons, and any interaction with the justice system “massively increased” an individual’s chance of future offending.

The NT has the worst reoffending rate in the country, with 60 per cent of prisoners returning to a cell within two years.

Mr Radford said instead of spending time in prison — where rehab, education and psychological services had been cut due to overcrowding — the focus should be on providing people with mental health conditions with community based support.

He said due to the nature of National Disability Insurance Scheme funding, an estimated 8140 Territorians were unable to receive funded support, as their conditions were not “lifelong” and “enduring”.

Mr Radford said without appropriate community-based support many were left in crisis “presenting to emergency (departments) and in our prison system”.

He called for the government to look at successful alternatives to justice programs in the Territory, such as the Drug and Alcohol Services Australia’s Alice Springs based centre or on Groote Eylandt.

Northern Territory Children's Commissioner Shahleena Musk.

The NT Children’s Commissioner Shahleena Musk said that the drivers of crime are complex and multifaceted and cannot be solved by the NT Government alone.

“Legislative responses to address violent crime require complementary policies, programs and community-based services and supports,” Ms Musk said.

“While changes to laws, especially in the wake of such tragic events may be seen as an easy fix, the reforms which are most effective and longstanding are those informed by community leaders, subject matter experts and people with lived experience which build on what we know works.”

Justice Reform Initiative executive director Mindy Sotiri. Picture: Tim Hunter.

Justice Reform Initiative executive director Mindy Sotiri said she was concerned the tragic death of Mr Feick was being used to rush through tightening bail laws, rather than explore evidence-led solutions to crime.

“It is understandable that when devastating crimes are committed by people on bail, governments would consider tightening bail laws,” Dr Sotiri said.

“But the real questions we must all ask are: will this work to keep the community safe?

“If tougher bail laws worked to reduce crime, then jurisdictions like the Northern Territory and Queensland – which already have among the most restrictive bail frameworks in the country – would be the safest places in Australia.

“What we know is that the experience of prison, especially for people on remand who have not been sentenced, makes it more likely – not less – that they will go on to reoffend.”