The Northern Territory's most prominent Aboriginal legal service has cautioned against "kneejerk" law reforms following the stabbing death of a young bottle shop worker, saying rushed changes would not reduce crime and would "disproportionately impact Aboriginal people".
Yesterday the NT government announced a suite of measures, including a review of bail laws for offences involving edged weapons, following the death of 20-year-old Declan Laverty, who was killed while working at a drive-through BWS in the Darwin suburb of Jingili on Sunday night.
Nineteen-year-old Keith Kerinauia — who was on bail for a previous alleged aggravated assault — faced the Darwin Local Court on Tuesday charged with Mr Laverty's murder, as well as aggravated robbery and breach of bail.
In a joint statement with Aboriginal Peak Organisations Northern Territory (APONT), the North Australian Aboriginal Justice Agency (NAAJA) said it strongly condemned the violence and was committed to working with the broader community to "ensure this never happens again".
The organisations, however, urged the NT government to "avoid kneejerk reactions and rushed reform".
"We understand the community sentiment of anger and anguish. And rightly so. But quick fixes will not, and cannot, prevent crime," acting NAAJA chief executive John Paterson said.
"We know the impact that hastily applied bail reform can have.
"It happened here in the Northern Territory in 2021 when bail law reform for young people occurred, and yet we didn't see any reductions to offending.
"We at APONT call for a calm and measured response — one that is well considered and based on evidence — to ensure community safety across the Northern Territory."
The APONT alliance includes the Northern Territory's land councils and the Aboriginal Medical Service Alliance Northern Territory.
NAAJA's principal legal officer, Nick Espie, said any reform, as proposed by the chief minister, would disproportionately impact Aboriginal people and that consulting Aboriginal communities was critical.
"We urge the Northern Territory government to work with Aboriginal leaders and communities to address the systemic and broader causes of this serious incident and build together long-lasting, high-impact solutions," he said.
"We know what is needed in the NT to enable safer communities — the expansion of appropriate bail support services across the NT, and investment in programs that address problem behaviour and cycles of reoffending.
"We need to invest in mediation and conflict resolution programs, as well as alcohol support and rehabilitation programs."
According to data from the Australian Bureau of Statistics, 88 per cent of the Northern Territory's prison population are Aboriginal or Torres Strait Islander people, who are incarcerated at 12 times the rate of their non-Indigenous peers.
Northern Territory Opposition Leader Lia Finocchiaro has come out firmly in favour of strengthening bail laws following the incident and said changes should be introduced as soon as possible.
"Territorians rightly expect their parliament to respond to events such as Declan's death with real and immediate change," she said.
"The chief minister needs to work with us to strengthen bail, we could change the law today. Parliament should sit for as long as it takes until it's done."
Courts should be 'given full discretion'
Greg Barnes SC, the national criminal justice spokesman for the Australian Lawyers Alliance, said "generally speaking" restricting bail "does not lead to a decrease in crime".
"You've got to look at the underlying issues as to why people are offending and whether or not the risk can be mitigated by proper support in the community," he said.
Mr Barnes pointed to tighter bail laws in Queensland and Victoria which had led to "no evidence" of "less crime".
He said reforms could also lead to unintended consequences or injustices.
"You may have a case where a person's in possession of a knife and hasn't used it. And if there's a presumption against that person getting bail, it's patently unfair," he said.
"Courts should be given full discretion as to whether or not to grant bail.
"They can take the fact that people have got prior convictions for weapons offences into account, and they can take into account the fact that people have got access to weapons.
"But simply restricting bail and locking up more people pending trials leads to the sorts of problems such as overcrowding."
