Attacks ‘jamming’ courts

Magistrate laments rate of Indigenous partner violence

A MAGISTRATE has lamented the number of Indigenous men – “and some women” who end up before the Cairns courts for assaulting their partners.

In sentencing Winston Paul Kulka, 29, for an assault against his former partner, Magistrate James Morton – who is himself a Torres Strait Islander – said he was “yet again … dealing with another Indigenous man who thinks he’s going to be able to use his fists while intoxicated on his partner”.

Mr Morton’s comments come off the back of the courts dealing with a number of offences of violence in recent weeks, including one instance where a 17-year-old dad strangled his young partner unconscious on the side of a busy Cairns road and punched her in the face.

“For what reason, I don’t know. I don’t know why the courts up this way are so jammed with Indigenous men – and some women – assaulting their partners, for very little to no reason,” Mr Morton said.

“I mean I’ve heard of men kicking their partners with steel-capped shoes on because they looked at their uncle at a party. There’s something jealous going on.

“I’ve heard of men assaulting their partners because they don’t like what was cooked for them, all those sorts of things.

“I mean you men have got to really, really take a good look at yourselves.”

The court heard Kulka, while drunk, attended his former partner’s address on February 3, 2021, in relation to money he had lent her in the days prior.

There was a verbal altercation, and then Kulka punched his former partner in the left side of her face, causing a small cut, and when she fell to the ground he kicked her, the court heard.

He was on probation at the time. “You shouldn’t get to this point,” Mr Morton said.

“You’re not a man if you raise a hand to a woman. I can’t see the reason why you’d do this.”

Kulka agreed.

“There’s enough of you fellas sitting in jail around the country – that’s you fellas as in Indigenous people. You understand?” Mr Morton said.

“Yeah, I understand Your Honour,” Kulka replied.

Mr Morton accepted

Kulka’s early plea of guilty and the fact he was still a “relatively young man” and his prospects of rehabilitation seemed to be “better than some”.

But he noted the assault charge was serious and that while the woman was on the ground Kulka had kicked her.

“You ought to be ashamed of yourself,” he said.

He sentenced Kulka to 12 months imprisonment, with an immediate parole release date, taking into account 136 days served. For breaching his probation, Kulka was convicted and fined $200.