Australian Attorney General Intervenes in Decade-Old Wrongful Conviction Case
The federal attorney general of Australia, Michelle Rowland, has exercised her discretionary mercy powers to initiate a landmark legal correction for two Indonesian children who were wrongfully imprisoned as adult people smugglers over a decade ago. This intervention marks a significant step in addressing a systemic failure that saw hundreds of minors from Indonesia subjected to severe miscarriages of justice.
A Flawed Age Assessment Technique
Between 2010 and 2012, Australian police encountered hundreds of Indonesian children on asylum seeker boats. Many of these young individuals, some as young as 13 years old, were from desperate backgrounds and had been coerced or deceived into boarding the vessels. Despite clear evidence of their youth, authorities relied on a deeply flawed method of age estimation using wrist X-rays, which has since been entirely discredited by scientific and judicial scrutiny.
This erroneous technique led to boys being classified as adults and subsequently sent to maximum-security adult prisons in Western Australia. They were only quietly released and repatriated to Indonesia after the mistakes were uncovered, leaving them with criminal records that have haunted their lives for years.
The Legal Struggle for Justice
Among those affected are individuals known as Anto and Samsul Bahar, who were both 15 at the time of their arrest. Photographs from their detention clearly show their childlike appearances, and they consistently informed authorities of their minor status. However, they have remained convicted criminals due to exhausting their appeal rights on other grounds, trapping them in a legal limbo for over ten years.
Their legal representatives, Ken Cush and Associates, pursued the only remaining avenue: a referral from the attorney general to the courts for a fresh appeal. While former attorney general Christian Porter declined to act, citing doubts about judicial conclusions, Michelle Rowland has now granted this crucial referral, sending the cases back to the Western Australian courts.
Broader Implications and Compensation
This scandal has prompted wider legal actions, including a civil case against the Australian government. In late 2023, the federal court ordered $27.5 million in compensation for an estimated 220 Indonesian children wrongly detained during the same period. Recent disclosures suggest the number of affected individuals could be as high as 440, highlighting the scale of the injustice.
Sam Tierney, principal solicitor at Ken Cush and Associates, noted that the referral process took six years and emphasised that many other Indonesian children still seek to correct their Australian convictions. The firm is exploring all legal options to ensure a more timely and efficient review for these individuals.
Government Response and Ongoing Scrutiny
A spokesperson for Michelle Rowland's office stated that the attorney general exercises absolute discretion in such referrals, considering all relevant information and case law. They declined to comment on specific cases but affirmed the commitment to justice. This development follows a Guardian Australia investigation in 2022, which revealed that federal police continued using the unreliable wrist X-ray method despite prior warnings about its inaccuracy.
The case underscores ongoing concerns about immigration enforcement practices and the protection of children's rights in legal systems. As the appeals proceed, it represents a critical moment for accountability and reform in Australia's handling of such sensitive international matters.
