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The Guardian - AU
The Guardian - AU
National
Ben Smee

Cape York man’s conviction overturned after court finds magistrate made ‘inappropriate’ remarks

The statue of Themis, the Green god of justice, holding scales and a sword, in front of the Brisbane supreme court
A Queensland district court has overturned the conviction of an Indigenous man after ruling there were significant errors and other issues with the initial trial. Photograph: Samantha Manchee/AAP

An Indigenous man from a remote Cape York community was wrongly convicted of a traffic offence by a magistrate who repeatedly talked over the defence lawyer’s questions and made a series of “inappropriate” and “intemperate” remarks, an appeal has found.

The magistrate, sitting in a circuit court in Aurukun, took about 10 minutes after the hearing to find Rex Austin Ngakyunkwokka guilty of an evasion offence.

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