By I. Hansana, Jadetimes News
A Victorian woman, Haley Terei, 32, is back in custody and facing perjury charges after falsely claiming Aboriginal heritage to secure bail. Terei was originally released from custody in May while facing charges of burglary, theft, and other related offenses. Her release came after she told the Victorian Supreme Court that she was an Aboriginal woman from the Yorta Yorta nation. She claimed that her Aboriginal identity was inherited from her maternal line.
However, she said she could not connect to her culture because her mother died when she was three years old. Justice Rita Incerti granted Terei’s bail application on May 30, citing her claimed Aboriginality as a factor that increased her vulnerability and risk of harm while in custody. The bail decision considered the cultural and systemic factors that uniquely affect Aboriginal individuals in the justice system. Justice Incerti noted that Aboriginal people are often at a higher risk of harm in custody due to historical and ongoing discrimination and marginalization.
However, Terei’s bail was revoked on Friday after an application from prosecutors. The revocation followed Terei's failure to engage with Corrections Victoria or reside at her mandated address while on bail. Furthermore, it was revealed that Terei had lied about her Aboriginal background. The police informant, through recorded phone calls, discovered that Terei’s mother is not Aboriginal and is alive in New Zealand. This directly contradicted Terei’s claim that her mother had died when she was three years old and that she was unable to connect with her Aboriginal heritage as a result.
Justice Incerti, in her written judgment, stated that it was clear Terei was not Aboriginal and had sought to gain some benefit by falsely identifying as such. The judge highlighted that Terei’s actions amounted to perverting the course of justice, and she is likely to face charges accordingly.
In her judgment, Justice Incerti made it clear that the amendments to the Bail Act have not created a more lenient test for Aboriginal persons. Instead, these amendments recognize the specific factors that uniquely affect Aboriginal individuals and mandate that these factors be taken into account in bail decisions. The judge emphasized that these factors include the historical overrepresentation of Indigenous people in custody, which decision makers must consider when deciding on bail applications.
The historical context of overrepresentation of Indigenous people in the criminal justice system is a significant factor in such cases. Indigenous Australians have long faced systemic disadvantages and discrimination, which have contributed to their disproportionate rates of incarceration. The Bail Act amendments aim to address these disparities by ensuring that the unique circumstances of Aboriginal people are considered in bail decisions, not by creating a more lenient standard but by acknowledging the broader context of inequality and injustice.
Terei's case underscores the complexities and sensitivities involved in such decisions. While the justice system seeks to rectify historical injustices and provide fair treatment to all individuals, it also must safeguard against false claims that can undermine these efforts.
An arrest warrant was issued for Terei on July 16 after she failed to appear in court. Her case continues to unfold, highlighting the ongoing challenges in balancing justice, fairness, and the recognition of historical and cultural factors in the legal system. The court's response to Terei's actions reflects a commitment to upholding the integrity of the justice system while also acknowledging the need for nuanced and informed decision making in cases involving claims of Aboriginal heritage.
