Echuca Magistrates’ Court has welcomed the 17th Koori Court on Monday, March 25.
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Koori Court supports First Nations’ offenders who have pleaded guilty through the guidance of Elders in a more informal court setting.
Conversations are in plain English, and the circumstances around the offence are discussed. Many accused people represent themselves instead of their lawyers.
Elders and other respected community members can guide the magistrate on the culturally appropriate sentence.
Supervising magistrate for Koori Justice, Magistrate Rose Falla came to Echuca for the launch day.
“Koori Court launches are always days of celebration for us, but it was really heart-warming to see community coming into the courtroom with a level of comfort, with joy and celebration that culture has been really injected into the court process,” Ms Falla said.
“People feel a great level of involvement, connection and comfort during the court proceedings.
“It's more reflective of the way in which we conduct ourselves and community in the way in which we live our lives.
“Having Elders of the local community and many Yorta Yorta people and people of the various nations within Yorta Yorta being present was really lovely.”
Magistrate Rose Falla was the first Indigenous person appointed to magistrate in Victoria.
Ms Falla is a Wotjobaluk and Wemba Wemba woman, and was instrumental in creating Koori Court.
“The Koori Court initiative itself was touched upon in the Royal Commission into Aboriginal deaths in custody recommendations,” she said.
“It found its way into the very first Victorian Aboriginal justice agreement, which was a partnership between governments and the local community.
“In 2002, after a lot of work, we co-designed the very first Koori Court which had Elders sitting at the table in the company of the magistrate, the lawyers, the accused, the prosecutor and corrections, and the victim if they wanted to participate in the process.
“The table itself was designed to be oval, not a usual rectangular shape, because there's no head of the table. That was deliberately designed.
“Twenty-two years ago, it was agreed that Shepparton would be the first location.”
It has since expanded to 17 locations across Victoria, including to the County and Children’s Courts.
Echuca is the latest addition following strong calls from local Elders and community.
“The Elders within Echuca had always been advocating for a Koori Court in Echuca,” Ms Falla said.
“Bendigo, Shepparton and Swan Hill Koori Courts had been established, that infrastructure created the supportive mechanisms for the roll-out for Echuca.
“The Elders have driven this. They’ve always maintained their advocacy and the needs of the community.”
By being in the room, Elders and respected community members look to understand why the accused is being sentenced.
“We (Aboriginal and Torres Strait Islander peoples) talk about self-determination,” Ms Falla said.
“It’s really about designing things for us, by us and that’s certainly what Koori Court is.
“It informs the magistrate about what has brought that person to court, culturally what is significant and how culture can instil and enhance rehabilitation.
“The cultural conversation is held between the Elders, and the Koori Court officer can contribute, but also the participant in Koori Court.”
The courtroom also changes for Koori Court to create a more comfortable environment.
It features cultural imagery and references through its furniture and design.
“I think for the person coming into court, they will now see that the court space itself or the courtroom itself is sure to achieve a greater level of cultural safety for them,” Ms Falla said.
“It has artifacts, it has artwork, it has a beautiful table that was created by a local supplier, Nullarbor Timber.
“It's made out of river red gum and it depicts the two rivers that flow into the Murray River with a beautiful resin flowing through it and vibrant blue that really connects people to culture.”
Koori Court aims to reduce recidivism by creating a better process for Aboriginal and Torres Strait Islanders in the justice system.
Elders follow the accused after sentencing, providing cultural support that often keeps them from reoffending.
“I can’t emphasize enough that it really does change people’s lives trying a different approach,” she said.
“The power of Koori Court is that the person is speaking for themselves about their offending and why they’re there. And that’s accepting responsibility.
“It interacts with that Aboriginal lore and the state law of which we live by.
Ms Falla is confident that implementing this system will change the way First Nations cases are handled.
“I find myself incredibly fortunate to be sitting in the Koori Court, I know my colleagues feel like that too,” she said.
“But the real stars of the show are the Elders and respected persons and our Koori Court officers who provide that support for people coming in.
“I've seen it make a difference and I'm sure it will for the community in Echuca and the surrounding area.”
Cadet Journalist