Im really nervous to post this but I think it is pertinent to the discussion and it does relate to some of my personal misgivings relating to the Voice being enshrined in the Constitution.
There is an interesting story today in the SMH relating to a very disadvantaged aboriginal man, William Bugmy who in 2011 attacked a prison guard when he was 29, permanently blinding him in one eye. Coming out of this case the prosecution appealed that his sentence was too light and the judge had taken
too much consideration of the horribly disadvantaged upbringing that he had had (DV, addiction etc) and that consideration of this disadvantage fades over time. Bugmy took the case to the High Court and the high Court found that consideration of this disadvantage does not fade over time and this is now known as "Bugmy" considerations in most cases today.
12 years later, Bugmy has again been charged with murder. It is a very tragic story of a person with a horrific background that has obviously damaged him and resulted in a horrible wasted life but that has also damaged other peoples lives and alleged ended another. FWIW I agree with the High Court ruling that this disadvantage should be taken into consideration and that it wouldnt fade over time.
That is a horrible story,. but not the part that pertains to The Voice Referendum is the last couple of paragraphs in which the indigenous lawyer that led Bugmy's High Court case tells the ABC....
But Bellear, writing for the ABC in 2013, said the High Court decision was not a victory for Aboriginal Australians.
“The High Court ruling I’ll embrace is the one which finds that no Australian court has the right to sit in judgment of my people,” he said.
“And that’s fundamentally what this should be all about – sovereignty. The right of Aboriginal people to control Aboriginal lives.” Bellear said.
For me, the fact that The Voice is enshrined in our Constitution is so incredibly dangerous and IMO almost certainly divisive and again IMO will irreparably damage relations between indigenous and non indigenous Australians. The Yes counter will be "but The Voice has no power and is only an advisory body...." which is certainly true at inception, but what do you think is going to happen when an advisory board that is
enshrined in the Constitution and was democratically voted in by the Australian people in a Referendum goes to the Parliament and says "What is good for aboriginal people is sovereignty/reparations?". How does Government counter that? How does Government counter that if opposition use it as a political tool (which will happen 100%). The answer is it will become a Federal Election issue which will tear this nation apart.
I totally understand people wanting to vote yes. Personally Im in favour of almost everything about the idea except the enshrining in the Constitution. I dont think many people dont want to help indigenous Australians but anyone who is thinking that this will just be an advisory body who will ask for help with education and health care are IMO naive. There is a massive activist industry and the entry bar to take cases to the High Court is extremely low.
William Bugmy’s High Court case has shaped justice for the most vulnerable and deprived in NSW. A decade on he has been charged with a murder in Sydney’s inner west.
www.smh.com.au