Nation’s Attorneys-General to be put on notice Kakadu walking track dispute could end up in High Court

A DISPUTE over a walking track allegedly built on a sacred site in Kakadu could be bound for the High Court after Parks Australia’s lawyers flagged ‘constitutional issues’ with the prosecution

• Kakadu walking track court battle continues to drag on, to head back to court in 2021

A DISPUTE over a walking track allegedly built on a sacred site in Kakadu could be bound for the High Court after Parks Australia’s lawyers flagged “constitutional issues” with the prosecution.

Aboriginal Areas Protection Authority prosecutors alleged Parks Australia built the track on the sacred site at Gunlom Falls without permission and close to another area that is restricted according to local Aboriginal tradition.

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During a directions hearing in the Darwin Local Court on Monday, Parks Australia lawyer Todd Herskope said the defence needed a further adjournment to give Australia’s Attorneys-General an opportunity to intervene in the proceeding.

“I’m instructed to inform your honour that constitutional issues arise in this prosecution and as such the defendants are required to issue notices to the Commonwealth, state and territory Attorneys-General to consider whether they wish to intervene,” he said.

But AAPA prosecutor Ray Murphy said the issuing of the notices shouldn’t stop the proceedings from continuing to run their course in the Local Court.

“In relation to the constitutional issues, my friend is being vague, with respect, as to what those issues are,” he said.

“If there are issues, state them now so we all know where we stand and we can get on with this matter.

“This matter’s been dragging on now for quite a while and my client is keen to get this matter on the way, as it were.”

Mr Murphy said, if it went ahead, the trial would hear from up to 18 witnesses and could last for more than a week.

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“A fair majority of our witnesses are Aboriginal people who have English as a second language and interpreters etc so that’s what’s going to add to the length of the hearing,” he said.

Mr Herskope said his instructions were only that the constitutional issues would be “canvassed in those notices”.

The case returns to court on April 30.

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