FORMER state prosecutor Steve Carter says he still feels like a scapegoat after the Court of Appeal yesterday quashed the sentences he recommended in the controversial Aurukun Nine case.

Three of the nine men and boys who raped a 10-year-old girl in Aurukun have been handed jail terms and two others given juvenile detention, after an appeal against Cairns Judge Sarah Bradley’s decision to let them walk free.

Mr Carter, who now works for the Aboriginal and Torres Strait Islander Community Legal Service, resigned from the Department of Public Prosecutions last year when it was revealed he did not seek jail time for the offenders.

The rapists - aged 13, 14, 15, 17, 18 and 25 at the time - had sex with the girl in early 2006.

In October last year, Judge Sarah Bradley ordered convictions not be recorded against six of the juveniles, and gave three other offenders -aged 17, 18 and 25 - suspended sentences.

Chief Justice Paul De Jersey yesterday set aside all Judge Bradley's sentences, finding she made a number of errors leading to a miscarriage of justice.

Mr Carter has previously claimed he was "hung out to dry" by the DPP and he told The Weekend Post that the appeal decision had not changed his opinion.

"I won't make any comment as to the (new) penalties imposed," Mr Carter said.

"But, nothing that has happened in relation to this matter since then could affect my view on anything prior to my
resignation.

"Whether the appeal was upheld or dismissed, would not have changed how I felt about how I was treated by the DPP."

He said he was forced to resign from his position with the DPP, because he was "tired of fighting" and his computer access was cut off.

"I had no access to any documents to defend myself. I hand wrote my resignation letter."

However, Mr Carter said since his resignation: "Not one person I have met has been anything less than totally supportive of me".

In yesterday's appeal decision, the three oldest offenders in the Aurukun case were given six-year jail terms, and will be eligible for parole on June 13, 2010.

Chief Justice De Jersey recorded convictions against all six juveniles, with two to serve periods of detention.

The youngest offender was sentenced to two years' juvenile detention, while one of 14-year-olds received three years. Both will be required to serve half those sentences.

The remaining four juvenile offenders were all placed on three years' probation, and ordered to attend the Griffith Youth Forensic Service for rehabilitation.

Chief Justice De Jersey said while the prosecution must bear some responsibility for the errors made, imposing a proper sentence was ultimately the responsibility of the judge.

He said Judge Bradley's sentences failed to carry out the duty of protecting innocent or vulnerable members of the community.

ATSICLS North Queensland practice manager Trish Comer did not rule out an appeal against the tougher sentences.

Child protection advocate Hetty Johnston said she was heartened by the Court of Appeal's decision.

Share this article