Toowoomba Drayton cemetery: Teens arrested over $500,000 gravesite desecration handled under Youth Justice Act by Qld Police

The state government has revealed more details on the provisions of the Youth Justice Act that have allowed three teens who damaged more than 100 gravestones to avoid facing court.

• LNP’s crime pledge over grave desecration

Two of the three teens arrested for causing $500,000 in damage to one of Queensland’s oldest cemeteries will be forced to front up and hear from victims of their crimes.

The state government has revealed how the three youths were punished by Queensland Police after they destroyed or damaged more than 100 headstones over Friday night and Saturday morning.

Two 15-year-old boys from Newtown and Harristown were charged with wilful damage and dealt with under the provisions of the Youth Justice Act.

Another teen, a 17-year-old Highfields boy, was issued a caution.

Information from the QPS’ youth crime task-force has revealed the two 15-year-olds have been ordered to take part in a restorative justice process.

This process includes conferencing where the young offenders will meet with people most affected by the crimes that took place, discussing what happened, the impacts of the offence and repairing the harm caused.

Mayor Geoff McDonald confirmed he had not been asked to meet with the teens and it is still unclear who the conferencing will be with yet.

It comes as community outrage has continued to build around the incident, with many residents upset there were no punitive measures taken in response to the mass destruction of gravesites and headstones.

Toowoomba Region Mayor Geoff McDonald is disgusted after vandals damage or destroy more than 300 graves at Toowoomba's Drayton Cemetery, Sunday, August 11, 2024. Picture: Kevin Farmer

“This was (the) total malicious desecration of the memories and resting places of (hundreds of) people,” one reader wrote on social media.

The QPS has said restorative justice had been internationally recognised to direct them away from future crimes.

“It’s important to note that when deciding the course of action to take when it comes to young people, police take into account a range of factors, including the opportunity to steer young people away from a cycle of offending,” Police Minister Mark Ryan said.

“The vast majority of young people who have interactions with police do so only once.

“The majority of young people who are issued a caution do not go on to reoffend.”

Vandals have damaged or destroyed more than 300 graves at Toowoomba's Drayton Cemetery, Sunday, August 11, 2024. Picture: Kevin Farmer

This response stood in contrast to LNP treasury spokesman and Toowoomba South MP David Janetzki, who pledged to change Queensland’s youth justice laws to “restore consequences” if his party won government at the October state election.

“Residents are stopping me in the street outraged about this wanton destruction and the lack of consequences for the offenders,” he said.

“Three hundred graves desecrated, $500,000 damage, no court appearance and no community service just doesn’t meet the community’s expectations”.

However, Mr Janetzki did not articulate what specific changes would be made to ensure offences like grave desecration would lead to punitive measures.

According to the 2023 Childrens Court of Queensland annual report, in the 2022-23 financial year, the Queensland Police Service issued 15,515 cautions statewide.

This is a 1170, or 8.2 per cent, more than the previous year.

Most of that increase is for cautions for theft and related offences, acts intended to cause injury, and unlawful entry with intent, burglary, or break and enter.

During the same period, 2164 young people were referred to the restorative justice process.

After police have referred a young person to the restorative justice police, the officers must identify suitable stakeholders or victims to participate in mediation sessions.

Often either child or the victims decline to meet.

Of the 2164 young people referred to restorative justice in 2022-23, about 75 per cent, or 1604, actually participated in the process.

A mobile CCTV unit has now been erected at the cemetery in a bid to improve surveillance.

Originally published as Toowoomba Drayton cemetery: Teens arrested over $500,000 gravesite desecration handled under Youth Justice Act by Qld Police