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FOR seven years, a deaf and dumb Aborigine from
central Australia has brought the Northern
Territory's legal system to its knees. And he's gone
further, to Canberra, winning a High Court appeal
that has prevented any magistrate from conducting a
committal hearing into his 1995 murder charge.
Despite many attempts, it has proved impossible to
convict and lock away Roland Ebatarintja, an
illiterate young Arrente man from the community of
Santa Teresa.
Ebatarintja, 24, keeps on walking out of court after
being charged with savage offences including murder,
because no one can make him understand what the
charges are. Until a court believes he is able to
make a plea in a just trial, it appears he will keep
walking free.
One observer described the case of Ebatarintja, who
contracted meningitis at three and was never taught
anything but basic sign language, as ``like trying
to charge someone who is in a coma''.
Ebatarintja is soon to go to the Supreme Court on
new stabbing charges, and some are asking whether
his lawyers at the Central Australian Aboriginal
Legal Aid Service are willing to continue putting
the interests of an individual ahead of public
safety.
``Does it mean fighting tooth and nail so you get
acquittals for these people?'' asked one of the many
lawyers who has worked on his case. ``It might be a
win for Aboriginal legal aid, but not for the wider
community and the people most affected by his
actions.''
David Bamber, principal lawyer with the legal aid
service, says the client must come first. ``We have
to act for each individual and do the best for them
according to law,'' he says.
In 1995, Ebatarintja, then 16, was charged with the
murder of Gregory Jabaltjari Long, at the Larapinta
Valley camp in Alice Springs.
At the committal hearing, the magistrate referred
Ebatarintja to a higher court, which ruled he could
not face trial because he could not understand the
charges.
Ebatarintja was set free and since then has been
charged with numerous stabbing offences, mostly
against his wife, Serena Drover. Every attempt to
hold him in jail has failed until a month ago, when
a Supreme Court judge finally refused him bail.
But many expect Ebatarintja will once again be set
free next month, when his hearing comes up.
The case against Ebatarintja has stalled for years
because the High Court ruled in 1998 that a person,
namely Ebatarintja, could not be committed without
evidence being taken ``in the presence or hearing''
of the defendant.
However, the court said it was possible to avoid
normal committal proceedings and go straight to the
Supreme Court by way of ex-officio indictment. Under
the ex-officio process, the judge hears no evidence
on the charges, but simply decides whether the
accused is fit to plead. The judge then has three
options: bail, discharge or jail until such time as
the accused is fit to offer a plea.
The territory's Director of Public Prosecutions
attempted this process with Ebatarintja twice, and
failed.
On February 8 this year, Ebatarintja allegedly
stabbed three people, one of them Drover, outside a
video store in Alice Springs. A machete went through
the thigh of one of the victims.
At the February 19 bail hearing, Ebatarintja's letal
aid lawyer, Domenic Conidi, once again asked that
his client be released. Justice Dean Mildren
adjourned for 10 minutes so Conidi could take
instructions from Ebatarintja on whether, if bailed,
he would guarantee not to stab anyone while waiting
for his trial.
Conidi returned and said he was unable to
communicate the judge's request.
The judge said Ebatarintja was skilled at Nintendo
and if he could learn a ``complex computer game'',
he could be taught it was wrong for him to punch or
stab his wife.
The judge, who had released Ebatarintja back into
the community on a previous occasion, then refused
him bail.
``There comes a point where the protection and
welfare of the community is paramount and I think
now is that time. Accordingly, bail is refused,'' he
said.
Today, legal argument will again commence in the
Supreme Court on whether Ebatarintja is fit to stand
trial.
But Judge Mildren signalled the rare custodial
period was unlikely to last. ``When the present
charges are dealt with, they will be dealt with by
ex-officio indictment and the question of his
fitness to plead will be raised once again.''''
The legal service has confirmed it will again run
the unfit-to-plead case.
The creation of a law to deal specifically with
people such as Ebatarintja has been raised in the
territory parliament and appears to have bipartisan
support.
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