Champagne governance!

Break out the bubbly – Mayor

Michael Lyon was effusive on social media after his ‘win’ over getting an agreement with the state government to finally do something with the disused rail corridor in Mullum (See page 1).

Should we rejoice mindlessly, or stop and ask: ‘So you held a secret meeting and made an agreement without asking anyone first?’

‘How do these actions gain our trust?’

Presumably, the mayor expects this no-longer-secret agreement between Council and the NSW government to be supported by councillors this Thursday.

And it’s likely to be, as the majority councillor block are compliant and unquestioning.

They froth at anything with the words ‘affordable housing’ in it.

The only thing is, affordable housing isn’t a thing, because the laws that surround it are exploited by developers. Affordable housing doesn’t deliver its intended purpose under NSW State Environmental Planning Policies (SEPPs).

Those who are interested in affordable housing know all this.

Most people don’t.

This appears an example where a politician is saying things you, the good looking and extremely time poor public, want to hear.

Yes, there is a lack of affordable housing (across the nation), as well as social housing, but processes should matter, and so should the right location.

‘Look at me – affordable housing!’

Isn’t this cheap populism, as the mayor accused fellow Cr Mark Swivel of recently, when Cr Swivel was found manoeuvring in the background and betting on both sides of the holiday letting debate?

It’s actually dishonest to claim that affordable housing will meet the needs of those seeking affordability.

That’s why the mayor didn’t answer that question from The Echo

And going about making that happen – in secret – which will impact a fragile, small community that is still dealing with flood trauma, is reprehensible (see page 3).

In the context of needing to seem like he’s achieved something in office – anything – it’s worth pointing out that not much is really working for the mayor.

For example, Lot 22, near the Mullum community gardens, was pegged for affordable housing.

After years of staff investigation (and money), that was dropped last year, mainly because of flooding risks.

Other Council projects that have incurred vasts amounts of staff time without bearing fruition include the Byron bioenergy facility, the Dingo Lane solar farm and the natural burial ground (See page 4).

When elected to govern, you can just keep making mistakes until you get booted out of office. There is no such latitude in the private sector.

As MP Tamara Smith pointed out, rezoning rail land will transfer public ownership to private wealth.

And if that is to happen, there needs to be a lot more good faith than has been evident thus far.

The mayor told his social media followers late last year that he acknowledged his communication with the public had not been great, and he will try harder this year.

While we are not off to a great start for 2023, it can only get better, right?

Hans Lovejoy, editor

Until about the mid-nineties, you could drive through, shop, or even live in Ballina and not realise it was on a beautiful waterway. Like so many of our towns, it was as though Ballina was sulking, turning its back on the river as somehow uncouth.

But now, with high rise, and walkways and cafes and parks Ballina is at last embracing the beauty of nature in water, views and green.

So we gathered by the water’s edge at sunset to remember the latest victim of domestic violence, killed by a man on bail.

I granted bail to men who then killed.

I refused bail to several who did not last 24 hours behind bars – shot, stabbed, hanged or drowned in their own vomit. And while I acknowledge the anger directed at the bailor, it is a complex and hard decision.

First, if bail was refused to every man who threatened his partner then the prisons would be overflowing within weeks. As horrible as they are, such threats are par for the course in family violence matters before the courts. Sometimes, they are words designed to hurt, worry and concern. Sometimes they are a precursor to murder. But how to tell the wheat from the chaff is really difficult.

Second, compounding that difficulty, is time.

On a Monday in Lismore local court, I would often have a list of over 100 matters, plus five to ten bail issues, mostly family violence.

On average, I would have a minute or three to consider bail. Domestic violence bail applications and opposition need tons more time than that.

Time to hear from victims and perpetrators, to consider bail conditions and prior records and to weigh up competing interests. This is not a luxury, it is a necessity. List days in the lower courts are, as a colleague once quipped, like putting your mouth over a fire hydrant.

Third, over time you develop a cynicism for both police facts and defendant denials. The former because they often gild the lily and present things as somewhat worse than they turn out to be. The latter because almost everyone denies everything – especially in the steamy, achy, resentful passage that marks many separations. And of course, the accuracy of recollection is decreased because so often everyone is horribly drunk. If you are suss about police facts, and extra suss about feeble denials it’s sort of like firing arrows into the darkness and hoping you don’t pierce someone.

Finally, the laws on bail that the courts work with are simply bizarre. One example – if a person is a first offender charged with possession of three magic mushrooms they must be refused bail unless they show cause why bail is appropriate. If a person is charged with their umpteenth ‘breach AVO involving violence’, then there is a presumption in favour of bail.

And at the back of your mind are the numbers of people in custody on remand in NSW. ‘Remand’ means that you have been charged with an offence, and refused bail while you wait the months, and sometimes years, before your case is heard.

Four out of ten prisoners have not been convicted and are on remand.

For those under 18, it is three out of four. Half are First Nations people. Many will not be sentenced to custody after a hearing. It is pretty hard to argue in the face of those statistics that we need to refuse more people bail. Maybe just different ones.

And where are the solutions to this damnable scar? At the vigil I mentioned changing attitudes, priorities and supporting victims. To this list I also could have added key domestic violence offence predictors – controlling, sexism, alcohol, past trauma and isolation.

Will vigils like the dusk vigil at Ballina make a difference?

We will never know for sure. But sitting in silence by the river at sunset with hundreds of likeminded caring people, shedding tears and fears, paying tribute to survivors and victims is surely a step in the right direction.

I rather fancy that just as Ballina now hugs its river, it bravely confronts this horrible crime.

Iknow something you don’t know.

And when you do know what I know and can’t tell you, you will be gobsmacked about what you now know, and did not know. You will wonder how your favourite columnist could keep such a stunning secret, and why I could not tell you.

Keen watchers of the media will know that a prominent person has been charged with two rape offences in Toowoomba, which occurred on 21 October 2021. They are back in court next month.

And because of an extraordinary law in Queensland, those charged with sexual offences cannot be named, even once they appear in court, until they have been committed for trial – a process likely to take over a year. You can see the point – why should someone’s name be slurred until there is at least a case to answer? Of course, this does not apply to other crimes, like drug offences. Only alleged sex offenders are offered this grace. And it means that other victims – and so often there are many – cannot be spurred on to report (because they know they are not alone).

So here I sit, with masking tape around my mouth, gagging, threatened with prison if I tell you anything that could identify the charged person – the worst kept secret in the twittershpere and legal gossip rooms. Here’s a hint. It is not Christian Porter.

David Heilpern is a former magistrate and is now Dean of SCU Law.

The Voice

A referendum for the establishment of a First Nations Voice enshrined in the Constitution is the people of Australia having a conversation. A conversation about acknowledging and honouring the original inhabitants of this great land.

For over 60,000 years the Aboriginal and Torres Strait Islanders inhabited, cared for, and governed themselves with a rich tapestry of customs and laws. In the two hundred years since colonisation the Indigenous people of Australia have lost their sovereignty and been harshly ruled by an occupation that has applied traditions and laws which have disinherited and separated them from their families, Country, and practices. Australian people know that we need to address, speak honestly, and heal this damage. We are all looking for a way to honour the original custodians of this land.

In May 2017, over 250 Aboriginal and Torres Strait Islander delegates from ‘all points of the Southern Sky gathered in Mutitjulu in the shadow of Uluru and put their signatures on a historic statement. The Uluru Statement From The Heart addressed to the Australian people [and] invited the nation to create a better future via the proposal of key reforms.’

One of those requests was for Constitutional recognition through a Voice to Parliament. A body enshrined in the Constitution that would enable Aboriginal and Torres Strait Islander Peoples to provide advice to the parliament on policies and projects that impact their lives. That is it. An elected body to advise, consult, discuss and help make policies with Aboriginal and Torres Strait Islander people, rather than for Aboriginal and Torres Strait Islander people. This appears completely reasonable, long overdue and necessary.

A constitutionally enshrined voice isn’t threatening, it isn’t complicated, it isn’t a reason for anyone to object. People are sadly using it as a vehicle to confuse, misinterpret, and distort. Even some Indigenous people are arguing it is divisive and will do nothing to improve the lives of First Nations people.

Yes, truth telling is needed, and a treaty, but these are separate steps.

I have read the objections from the ‘No’ campaign and am seriously disappointed, dismayed and frustrated. People are using it as a platform to push other agendas and spread misinformation.

The Voice is not about special rights for First peoples, it is a symbolic change that will include all of our First Nations in the foundation document of this country. Let’s do this people;, let’s honour the oldest surviving people and culture and say ‘Yes’.

Janet Walker Goonengerry

Letters to the Editor and cartoons

Santos

Santos – most of us are familiar with that coal seam gas (CSG) company?

Well, remember it well. The coalition regime at Macquarie Street have given approval for 850 CSG wells throughout the Pilliga Forest near Narrabri.

This approval was originally given in November 2020 by federal environment minister, Sussan Ley, so we can’t rely on that system.

The Gomeroi people made a native title claim in 2011 that is yet to be determined by the Federal Court. Nevertheless, in December 2022 the National Native Title Tribunal determined that Santos’ Narrabri Gas Project and proposed mining leases should be granted, despite the Gomeroi people not consenting.

According to the Gomeroi people, Santos did not negotiate in good faith and this project would have grave and irreversible consequences for land, water and their culture. The Gomeroi are not surprised by this ruling.

The Gomeroi have been fighting against Santos and their gas project for ten years, it’s not so funny that Santos have their name on the Ride Down Under and are major sponsors of the bike race in South Australia as I write.

Give us a break, what a load of horseshite.

Paul Brecht Evans Head

Doesn’t hold water

The arrival of Banya in Mullum’s high street was always going to create a splash but Hannah Grace’s argument doesn’t hold water.

How does the ‘EST 2022’ signage negate the provenance of the old bank when it’s been so obviously, and lovingly, restored? Look closer and a plaque on the side of the building explains its full heritage.

I for one am thrilled to see the site reanimated, after years of being a white elephant. I am sure adjacent businesses are feeling the benefits of the Banya and the life it has undeniably breathed into that part of town.

And how great is it that locals looking to celebrate a special occasion can finally do so in their home town, without having to venture further into the Shire? Those looking for a less ‘yuppy’ experience can always