Justice Judith Kelly says ‘cult’ of ‘anti-racism’ prevents honesty on Aboriginal domestic violence

A ‘cult of anti-racism’ is stifling a much-needed honest discussion about the ‘epidemic of extreme domestic violence’ in Aboriginal communities, according to a Northern Territory Supreme Court Judge.

Justice Judith Kelly, 68, made the comments in a scathing speech hitting back at Indigenous justice activist Leanne Liddle who blamed ‘structural racism’ for the high rates of poverty and imprisonment of Aboriginal people.

Justice Kelly said fears of being accused of racism prevent Australians from ‘talking honestly about the problems that exist and encouraging honest and open public debate.’   

Her speech to female lawyers at a drinks night last week was shared by Aboriginal Coalition senator Jacinta Price who agreed with the sentiment, telling Daily Mail Australia that people are effectively ‘gagged’ from discussing Indigenous domestic violence.

Justice Judith Kelly (pictured) fears a ‘cult’ of ‘anti-racism’ is preventing an honest discussion about an ‘epidemic of extreme domestic violence’ in Aboriginal communities

Justice Kelly – who was appointed to the NT Supreme Court in 2009 and has dealt with several domestic violence cases in her time – said speaking honestly requires ‘not self-censoring for fear of being branded a racist by the ideologues of the new ”anti-racism” religion.’ 

‘The underlying assumption of this ideology appears to be that Aboriginal people must exist in a permanent state of victimhood, an assumption that is in fact deeply racist,’ she said.

Justice Kelly warned that some left-wing activists prefer to make accusations of ‘racism’ than propose any solutions to problems in Aboriginal communities. 

‘Among those in thrall to this ideology, labelling someone or something racist seems in many cases to be an end in itself – not a prelude to remedial action, but a substitute for it,’ she said.

Justice Kelly said institutions such as the legal system should not be branded racist unless there was proof they ‘systematically treat Aboriginal people less favourably on the basis of their race.’

She added: ‘It is important to call out false claims of individual racism and false claims of systemic racism – as it is to call out racism where it occurs. 

‘It is not helpful to see victimisation where it doesn’t exist. Apart from anything else, it detracts from the search for solutions.’ 

Justice Kelly acknowledged Australian governments in the past had racist policies – Indigenous people were not given the right to vote until 1962 – but said ‘the fact that some contemporary problems have been caused or contributed to by racism in the past does NOT mean that they are the result of racism today.’

Rather than systematic racism, she said there were many more immediate factors  that are causing high rates of Aboriginal domestic violence.

These include: ‘unemployment and passive welfare dependency; lack of access to adequate education, health and mental health services; lack of adequate housing and consequent overcrowding; substance abuse; dispossession and loss of culture… and the ”rivers of grog” that run through our communities.’ 

She believes one way to help is to bring domestic violence into the public eye.  

‘Everyone is willing to talk about the over-representation of Aboriginal men in prison… but… the stream of Aboriginal men going to prison is matched by a steady stream – a river – of Aboriginal women going to the hospital and to the morgue,’ she said. 

Coalition senator Jacinta Price shared Justice Kelly’s speech

Justice Kelly also hit back at accusations she had been racist by suggesting ‘there was a traditional cultural aspect to the violence.’ 

‘I said that not to denigrate Aboriginal culture but because it is true’, she said.

In her speech she cited Yolgnu customary law from North East Arnhem Land which lists ‘being beaten by her husband’ as one of the traditional punishments for ‘marriage troubles’.

Senator Price made similar comments about what the judge called a cult of anti-racism in an interview with Daily Mail Australia last month.

She said an ‘activist class’ of left-wing Australians is actually harming efforts to deal with high incarceration rates because the root causes get overlooked.

‘You hear the activist class talk about the shame of high incarceration rates and they want to provide measures that make it less likely for an Aboriginal person to be locked up,’ she said.

‘But we’ve got to remember the number one reason why we’re incarcerated at such a high rate is acts of violence.

‘Usually that violence is metered out against our own people, to those that we’re supposed to love and support and protect.

‘So if we actually begin to look at things from a more honest perspective, we might be able to overcome some of these challenges.

Senator Price explained: ‘If we stop the violence, we lower rates of incarceration dramatically.

‘But no-one wants to look at it from this perspective because we look at it through the lens of Aboriginal people being oppressed by white Australia and ”White Australia is the cause of all our problems and therefore responsible for all our problems” when we need to take that responsibility ourselves to solve all our problems.

She added: ‘We need more respectful, robust debate in this area which normal Australians have been gagged from doing.

‘I hear it all the time ”you can say these things Jacinta because you’re Aboriginal but we can’t because we get called racist”.

‘Well that has to stop, that nonsense has to stop. Ultimately we’re all Australians and we should all participate in the conversation.’