Judge Timothy James Ginnane’s ruling came after a magistrate refused 22-year-old Zayden Cemino’s application to have criminal proceedings against him transferred to the nearest Koori Court.

The Echuca Magistrates’ Court cited principles in a 24-year-old case in the Supreme Court, Rossi v Martland, as the basis for its decision in April 2017.

Chief among them was the ‘proper venue’ for the matters to be heard. The Magistrate in 2017 determined the Echuca Magistrates’ Court to be the proper venue for the proceedings, rather than the Koori Court, as it was local to where the alleged offending occurred.

The nearest Koori Court was in Shepparton.

Judge Ginnane quashed the Magistrate’s decision, citing errors of law, and called for Mr Cemino’s application to transfer his proceedings to the Shepparton Koori Court to be reheard.

“His [the Magistrate’s] emphasis on the importance of the proper venue meant he did not give appropriate consideration to the purposes of the Koori Court legislation,” the judge found.

According to the legislation, the purpose of the Koori Court is to ensure greater participation of the Aboriginal community in the sentencing process of the Magistrates’ Court.

The Victorian Equal Opportunity and Human Rights Commission, which made submissions to the Supreme Court on the matter, welcomed Judge Ginnane’s decision.

“This is an important case as it confirms Aboriginal people’s right to access a justice system that incorporates Aboriginal knowledge, cultural beliefs and practices,” Commissioner Kristen Hilton said.

“Koori courts provide a way for Aboriginal people to participate in a culturally informed and safe justice system.”

She said the case had significant implications for Aboriginal people across Victoria and represented a growing recognition by the courts of the importance of cultural rights and how they should be taken into account in individual cases.

The Koori Court in Shepparton is one of a limited number statewide, including: Bairnsdale, Broadmeadows, Geelong, Latrobe Valley, Melbourne, Mildura, Swan Hill, and Warrnambool.

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