A Queensland District Court judge has overturned the conviction of an Indigenous man from a remote Cape York community, finding significant errors in the original hearing and concluding the trial process raised serious concerns about impartiality and procedural fairness.
The man, Rex Austin Ngakyunkwokka, had been convicted in the Magistrates Court at Aurukun of a traffic-related “evasion offence”, after police alleged a vehicle linked to him failed to stop when directed. On appeal, District Court Judge Tracy Fantin set aside the conviction and entered a verdict of not guilty.
In her published reasons, Judge Fantin said the verdict was unreasonable because there was no evidence to prove one of the required elements of the offence beyond reasonable doubt, and identified additional legal errors in the way the matter was handled. The appeal decision also criticised the conduct of the hearing, stating the trial process could give rise to a perception that the magistrate did not approach the task with an adequate level of impartiality.
Reporting on the case said the appeal court found the magistrate repeatedly interrupted questioning and submissions, made “inappropriate” and “intemperate” remarks, and at times appeared to direct the prosecution on how to respond to defence questioning. The appeal decision said those interventions affected the defence’s ability to advance its case.
The incident that led to the original charge occurred on 6 November 2024, when police attempted to stop a vehicle on a road near Aurukun. The vehicle did not stop, and officers later deployed a tyre deflation device closer to the community. The vehicle was later found abandoned, with the driver unidentified.
Ngakyunkwokka told the original court he owned the vehicle but was not the driver, and that the vehicle could be accessed by many members of his extended family. Under Queensland’s evasion offence framework, police can issue a formal notice requiring a registered owner to provide a statutory declaration identifying the driver or detailing who had access. The appeal decision noted evidence suggesting Ngakyunkwokka did not properly comprehend the requirement as explained to him.
The case has renewed attention on how circuit court proceedings operate in remote communities, including whether defendants and witnesses are afforded fair process and whether the courtroom environment enables proper testing of evidence.
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