QLD: Pregnant girl a menace, says judge

AAP General News (Australia)
12-30-1999
QLD: Pregnant girl a menace, says judge

By Janelle Miles and Rosemary Desmond

BRISBANE, Dec 30 AAP - A pregnant 13-year-old girl who was locked up in an adult watchhouse
for 14 hours this week has been described by a Queensland Supreme Court judge as a menace
when unsupervised.

Justice George Fryberg made the assessment during a bail application on behalf of the
girl, who is 18 weeks' pregnant and has a three-page criminal history.

The teenager, who cannot be named, is being held at Brisbane's Sir Leslie Wilson Detention
Centre after a Toowoomba magistrate yesterday remanded her in custody until January 6.

Justice Fryberg has asked the girl's barrister Scott Lynch to provide more information
from the girl's carers and from the Department Of Families Youth And Community Care before
he decides if he will renew her bail.

According to documents before the court, the girl was arrested in her pyjamas at 6.20pm
(AEST) not far from her home on Tuesday, 20 minutes into a court-imposed curfew.

The girl was given a curfew between 6pm and 9am after being charged earlier this month
with property and assault offences, including an assault on the female police officer
who arrested her for the curfew breach.

But Mr Lynch, for the girl, told Justice Fryberg today the assault happened last week
during a forcible strip search by police, who he claimed knew she was pregnant.

He said the police should have ensured a doctor was present at the time.

But Justice Fryberg said he could understand police wanting to search the girl, who
he said could have been carrying a knife and used it to injure herself.

Justice Fryberg said information before the court suggested the girl punched the policewoman
in the face with a clenched fist.

"(That) doesn't sound like someone who's too concerned with their pregnancy," he said.

Mr Lynch said the Families Department was eager for the child to return to her carers
in Toowoomba, west of Brisbane.

But he said he had been unable to contact a department representative today to be present
in court during the bail application.

"I find it difficult to believe that the department doesn't have somebody on duty,"

Justice Fryberg said, indicating he would not make a decision without further information
from the department.

"If you find that the whole department is shut up, ring the minister. There should
be somebody on the air somewhere."

Justice Fryberg also required an undertaking from the girl's carers to do everything
reasonable to ensure the teenager complied with her bail conditions.

"Unless I had those undertakings, I would have great difficulty in letting this young
person loose. She's a menace unless supervised," he said.

In an affadavit before the court, the girl said she did not realise she was outside
her curfew when arrested.

"I was not ... committing an offence at the time," she said.

"I am not particularly good at keeping time and am sometimes ignorant of specific times."

Australian Civil Liberties Council president Terry O'Gorman said he could not understand
why the girl had been locked up for breaking her curfew.

"It's beyond my comprehension," he said.

"It's a misuse and an abuse of justice."

Mr O'Gorman said he would be lodging an official complaint with Police Minister Tom
Barton and with the Criminal Justice Commission (CJC).

AAP jhm/rad/geb/cjh

KEYWORD: PREGNANT NIGHTLEAD

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