WA Chief Justice slams end to funding of Aboriginal interpreting service

There are fears that a West Australian Government decision to scrap funding for an interpreting service could deny justice to some Aboriginal people in the Kimberley. The Kimberley Interpreting Service helps Aboriginal people navigate the technical English of police interviews and the courts.

Lucy Martin ABC News 17 November 2014

Lawyer, interpreter and Aboriginal client sitting outside Broome Court

Many Aboriginals in the Kimberley speak to their lawyers using an interpreter.
Related Story: Warneke's family shocked at manslaughter sentence

Western Australia's Chief Justice says a decision to stop funding the state's only Aboriginal interpreting service could undermine the fairness of the justice system.

The Kimberley Interpreting Service (KIS) plays an important role in helping Indigenous people who are accused of crimes understand complex court proceedings and police interviews.

It has around 100 interpreters on its books who speak over 30 Indigenous languages and it services the entire state.

Since 2006 the KIS has been funded through a state and federal government partnership.

But that agreement ended in June and the WA Government said it was not in a position to provide any more funding.

WA's Chief Justice Wayne Martin has been arguing for a better-funded, expanded interpreting service for the past seven years.

"There is a need... in the justice system for an adequately resourced interpreter service and if the decision that's been announced has the effect of not providing that service, then it's a backwards step," he said.

"Anything that prejudices the fairness of the system as far as Aboriginal defendants are concerned has got to be a bad thing."

Justice Martin said the need for interpreters was especially strong in the Kimberley.

"There are large parts of our state where the primary language spoken is not English, and indeed in some of these communities people speak three or four languages, the fourth of which is English," he said.

"So it's a real problem finding appropriately qualified interpreters from that language group who doesn't have a conflict of interest arising from their association with the accused, the victim or one of the witnesses.

"Fairness is the touchstone of the justice process.

Aboriginal interpreter Desmond Taylor

Desmond Taylor said many Aboriginal people struggled to understand what was being said in court.

"If somebody doesn't understand English to a sufficient level to be able to participate in the trial process or the sentencing process or to deal with interviews by police, then it's not fair."

KIS interpreter Desmond Taylor said many Aboriginal people struggled to understand what was being said in court.

"It's very worrying because a lot of Aboriginal people who don't speak English as a first language will be incarcerated and the prison numbers will go up," he said.

"There should be an attitude shift... the (Government) needs to support KIS."

The Opposition's Ben Wyatt warned the decision could see Indigenous incarceration rates rise.

"I think Mr Barnett needs to take heed of what the Chief Justice is saying and understand that to reduce the number of Aboriginal people going to prison, it's not just about pushing them out of jail, it's keeping them out of jail," he said.

"The KIS has a very important role to play in that... and I'm stunned the Barnett Government could walk way from that service."

The consequences of not using interpreters were highlighted only recently in a high-profile Supreme Court case.

Josh Warneke, 21, died in February 2010 after being hit over the head with a pole and left on the side of a road in Broome.

More than two years later, detectives travelled to the remote Kiwirrkurra Aboriginal community on the WA/NT border and arrested 21-year-old Gene Gibson.

Gibson made admissions about the crime in two interviews, but they were ruled inadmissible in court because Gibson was denied many basic legal rights by police, including the use of an independent and trained interpreter.

The murder charge was dropped and Gibson eventually pleaded guilty to manslaughter.

He was sentenced to seven-and-a-half years' jail, but with time already served he could be released in three-and-a-half years.

Mr Wyatt said a lack of trained interpreters could compromise the justice system and lead to a spike in appeals.

"We see trials fall over and we see police investigations critiqued by judges because ultimately, Aboriginal people need to understand... what their rights and responsibilities are," he said.

In a statement, the Department of Aboriginal Affairs said it gave the KIS two years' notice to reduce its reliance on state support.

The department also said the KIS advised Minister Peter Collier it intended to negotiate formal service agreements with state agencies that needed Aboriginal interpreters.

The Federal Government has given the service $400,000 for this financial year, but there is no guarantee of funding in the future.

The KIS has made an application for more federal money under the $4.8 billion Indigenous Advancement Strategy, which is being assessed.