FED: Shine aims to decide on gang-rape appeal today

AAP General News (Australia)
12-10-2007
FED: Shine aims to decide on gang-rape appeal today

CANBERRA, Dec 10 AAP - Queensland Attorney-General Kerry Shine says he hopes to make
a decision today about whether to appeal a judge's decision not to jail nine youths who
gang-raped a 10-year-old girl.

Mr Shine met the Director of Public Prosecutions to discuss what he described as a
"lenient" sentence for an "horrific" crime.

Cairns-based District Court judge Sarah Bradley did not record convictions against
six teenagers and gave suspended sentences to the three others over the 2005 gang rape
at the indigenous Arukun community on Cape York.

The girl had "probably agreed" to have sex with the youths, Judge Bradley said during
her sentencing remarks, The Australian newspaper reported today.

The deadline for an appeal had passed although under Queensland law prosecutors could
apply for an extension, the attorney-general said.

"I've asked the Director of Public Prosecutions to give me an advice today on our chances
of success both in relation to the appeal and in terms of applying for an extension of
time," Mr Shine told Southern Cross Broadcasting.

"So I would hope to make a decision later today."

Earlier, Mr Shine said the case had not been brought to his attention until yesterday
nor had there been any communication with his office about an appeal.

"Rape, particularly of a 10-year-old girl, by numerous offenders is to my mind horrific
in the extreme," he said in a statement.

Mr Shine said he understood the victim, now aged 12, is being looked after by foster parents.

There was a Court of Appeal precedent that the courts should not treat indigenous defendants
and victims differently to others, he said.

"In my view, people in the Cape community should be able to rely on the same justice
system as elsewhere in Queensland," Mr Shine said.

AAP pw/rl/maur/bwl

KEYWORD: GANG LEAD

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