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THE law can be a matter of life and death. Just ask Julian McMahon.
The barrister for Andrew Chan and Myuran Sukumaran spoke at Talking Justice in Bendigo on Saturday, outlining the importance of rehabilitation for prisoners.
In a country where incarceration is closely linked to disadvantage, Mr McMahon said the two men proved to Indonesia the value of not abandoning people in prisons.
“In the last few months, Myuran raised money for the hospital for prisoners with no money to get access to surgery,” he said.
“Since the executions, things have gone backwards quickly. Gangs took over again.”
It was a popular topic for the speakers, which included Victorian Ombudsman Deborah Glass and Federal Circuit Court judge Judy Small.
While the looming terror of being on death row – a scenario Mr McMahon confronts on a daily basis – is not experienced by Victorian prisoners, they too can face life-changing uncertainty and fear when their prison term expires.
Ms Glass spoke of the challenge facing the state’s prison system, and the problem of recidivism. The prison system is the number one source of complaints for the Ombudsman’s Office.
Fifty per cent of Victorian prisoners come from six per cent of the postcodes. Children of prisoners are six times more likely to become prisoners themselves.
Ms Glass said addressing this endless cycle must be a priority.
“What has been the response of the system? A massive building program,” she said.
“Prisons are the most expensive response we have.”
Tightening parole conditions meant many prisoners no longer apply, causing them to miss out on programs designed to help them integrate back into society.
When they finally leave prison, many have nowhere to go. They long for the days of a clean bed, regular prison work, and being with their mates, Ms Glass said, pushing them quickly back into crime.
“The prison system is simply not working. The $295,000 we spend on an average sentence could be spent on drug rehabilitation, and putting a roof over the heads of former prisoners,” she said.
“It isn’t a justice issue, it’s a public health issue.”
No sign of death penalty’s end
Australia needs to lead the way in stopping the use of the death penalty in our region, Julian McMahon says.
Mr McMahon spoke of his despair at the spread of capital punishment in Asia during his speech at Ulumbarra Theatre on Saturday.
With new president of the Philippines stating his intention to publicly execute 100,000 people, Mr McMahon said it was crucial for Australia to provide a voice of reason.
“In the last few weeks, Japan has executed two people. Malaysia executed three, there were executions in Taiwan, and we don’t even know how many people Singapore executed,” he said.
“Indonesia is planning to execute 14 more people.
“In Japan, people can be on death row for decades but they could be executed at any minute.”
During the wide-ranging discussion on accountability, engagement and activism, Mr McMahon said the work of Andrew Chan and Myuran Sukumaran in their Bali jail proved the death penalty was counter-productive.
The pair curated a TAFE-like institute with art and English classes for their fellow inmates.
Mr McMahon said a recent increase in the military relationship between Australia and Singapore could provide an opportunity to further raise the issue with a close strategic partner.
“The arrangement allows Singapore to work with our army in Queensland. It’s certainly a good thing,” he said.
“But when it comes to criminal justice, they’re far behind.
“The country still engages in brutal floggings, and we’re not talking about beating a person. These floggings cause flesh to go flying, and permanently damage body parts.”