The principal lawyer at Kate Freshwater Lawyers, Ms Freshwater, has been practising law for 14 years.
As an accredited specialist in criminal law, Ms Freshwater is helping people negotiate the newly established Koori Court at the Echuca Magistrates’ Court.
“Until recently, the nearest Koori Court venue in our region was the Shepparton Magistrates' Court,” Ms Freshwater said.
“With the introduction of the new Bendigo court, the Koori Court was also introduced there.
“So, if clients in Echuca elected to have their matter heard in Koori Court, their cases were transferred to Bendigo.
“But there are a lot of logistical issues with that in terms of transporting clients and their ability to get there.
“My experience was that because of those difficulties, people who were eligible to have their matter heard in the Koori Court would opt to proceed in the mainstream Magistrates’ Court in Echuca.”
The Koori Court is a court for Aboriginal and Torres Strait Islanders who have taken responsibility and pleaded guilty to a criminal offence.
The Koori Court has been developed to reflect cultural issues and operate in a more informal way.
“Koori Court is only for sentencing,” Ms Freshwater said.
“It is intended to be less formal than the mainstream Magistrates’ Court.
“The Magistrate, rather than sitting on the bench, sits at the bar table with the client, their support people, family members and the like.
“The lawyers, the prosecutor, and local Elders also sit at the table.
“The process is described as a sentencing conversation.
In Koori Court, everyone is encouraged to take part in the sentencing conversation by having a yarn and avoiding using legal language.
The Elder or respected person in attendance may give cultural advice to help the Magistrate make a judgment that is culturally appropriate and helps reduce the likelihood of reoffending.
“The general public may perceive Koori Court as a softer option, but that is certainly not the case; all the same rules and penalties apply,” Ms Freshwater said.
“It is just a different process for determining a sentence.
“The same sentencing laws and penalties apply to the same offences; there is nothing different about it in that regard.
“It is just how the Magistrate receives the information they need to make the decision that is different.
“A lot of it comes directly from the client rather than only through the lawyer as is usually the case.
Kate Freshwater Lawyers not only acts in matters in the Koori Court but in all criminal matters in Victoria and NSW.
“We act in all criminal cases ranging from drink driving and minor assaults to complex drug offences and serious driving offences resulting in the death or serious injury of a person,” Ms Freshwater said.
“A defence lawyer’s role is to help clients navigate a legal process that is intimidating and complex, and ultimately to assist that client to achieve the best possible outcome in the circumstances of their case.
If you need the services of an accredited criminal law specialist, contact Kate Freshwater Lawyers on 03 5480 7145.
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