Vulnerable teenager, young mum left stranded far from home by WA court closures
Kimberley court closures leave people stranded hundreds of kilometres from home
Accused criminals are being flown by police to major town centres for court appearances, then left stranded. (ABC News: Andrew Seabourne)
In short:
People are travelling hundreds of kilometres to major regional towns across WA's far north, following the closure of more than 20 local courts across the state.
The WA police commissioner has revealed police are transporting around eight people a day to court hearings because of regional court closures.
A Kimberley advocacy organisation say people have been stuck in Broome after their appearance with no accommodation or transport home.
A makeshift response to keep regional courts running amid a stand-off between WA Police and the Justice Department is leaving people stranded hundreds of kilometres from home, legal advocates say.
Twenty courthouses in communities across the state closed on June 1, after police said they would no longer provide court security.
A court direction has since required police to transport people, via air or road, refused bail in remote communities to the nearest operating courthouse for a hearing.
Police Commissioner Col Blanch told a budget estimates hearing on Wednesday that police had transported 157 people under the direction since June 4.
While police are obliged to transport people to court, they are not required to provide accommodation or transport home if released from custody.
A Department of Justice spokesperson previously told the ABC it worked closely with courts, lawyers and corrective services staff to identify people needing transport help.
"The department can assist with communication, transport, or accommodation, depending on the circumstances of the accused person, and where appropriate," they said.
"More broadly, the department offers assistance for people on a voluntary basis to return home using available transportation options, if staff are made aware of a need for assistance."
Adding to homelessness
But community representatives in WA's Kimberley say multiple people have been left stranded, including a 16-year-old with no accommodation, family support or transport home.
Emily Carter, chief executive of the Marninwarntikura Women's Resource Centre in Fitzroy Crossing, said a mother was also forced to leave her three-year-old child behind to attend court hundreds of kilometres away.
Emily Carter says the closures are having a negative impact on communities. (Supplied )
"It's causing homelessness … we're talking about some very young, vulnerable women here just stranded once they're finishing court," Ms Carter said.
The nine courts closed across the Kimberley serviced more than 100 remote Indigenous communities across the region.
Ms Carter said this was having a devastating impact.
"We can't allow this to continue. Aboriginals do have a right; it's their human right to have access to justice, and in this case, it's not happening," she said.
"None of us knew anything about it … we have to be a part of those discussions in coming to some conclusion, because it's our people that are being affected."
'Unsafe' and 'inhumane'
Kununurra Aboriginal Legal Services (ALS) managing solicitor Sally Oliver said this treatment of accused criminals was "inhumane" and the current system is entirely "unsafe".
Sally Oliver says it is hard to watch those affected being ignored and treated so badly. (ABC Kimberley: Giulia Bertoglio)
"If we took someone from a remote community, who wasn't Aboriginal, away from their home and dumped them hundreds of kilometres away with no way to get home, into effective homelessness, I think maybe the government would be taking a very different attitude," Ms Oliver said.
"Because it's happening to remote Aboriginal clients, no one's as upset as they should be."
With those impacted lacking the means and money to get home, Ms Olvier said this had a flow-on impact in Broome and Kununurra.
She said in some instances, people were refused bail because they did not have access to a phone to call ALS.
"It's just very sad to have these groups of people ignored and treated so badly; it's hard to watch," she said.
"No one cares about the people up here, about people accessing justice up here; it's really disheartening, I don't know what to say to my clients when they communicate that to me."
Derby District Court matters will be held at the Broome Courthouse. (ABC Kimberley: Andrew Seabourne)
Ms Oliver said the court closures were breeding added mistrust of the court system amongst the Kimberley community.
Hopes of an agreement
Commissioner Blanch told budget estimates he was hopeful of reaching an agreement with the Department of Justice over regional court security arrangements.
"My position is that's the role of the CEO of the Department of Justice to decide how that service is delivered,' he said.
"If they seek our support and assistance in whatever way, we'll see what resources we have, but it's not a core function of policing."
Derby West Kimberley Shire president Peter McCumstie said an urgent solution to the current impasse needed to be found.
"The current situation is unsustainable," he said.
"Residents have every right to expect timely access to courts, due process and a fair justice system."
In response to questions from the ABC, WA Police said it was a matter for the Department of Justice.
