Changing courts

Editorial and Photography: Danielle Ford

A career in prosecutions wasn’t always the plan for Sergeant Mark Stephens but, following a big change in his personal life, he found it was the ideal career path.

“I was a single guy in my late 20s and I had been doing foster caring for a few years when I got a call asking me if I could take on a young boy whose mother had recently passed away,” Sgt Stephens said.

“I took him in and, after about six months, I went through the court process to become his permanent, legal guardian and, despite having the best support from my family, I wanted a role at work that would allow me more stability to be with him more.”

This got Sgt Stephens thinking about a move to prosecutions.

“I had only ever experienced court as a uniform police member before, so being in there, for something as simple as a guardianship hearing, opened my eyes to what it’s like on the other side of proceedings,” he said.

Shortly after this, Sgt Stephens applied for a role in the Melbourne Prosecutions Unit and has been there for the past 20 years.

He quickly found his niche in the therapeutic court space, which are courts that focus on alternative ways of processing cases with a focus on rehabilitation and diversion to prevent offending.

It was through this work that Sgt Stephens ended up becoming the sergeant prosecutor in charge of the Koori Court and later the Children’s Koori Court when it started operating in Melbourne in 2006.

The Children’s Koori Court was first established in Victoria in 2005 to address the over-representation of young Aboriginal people in the criminal justice system.

All Koori Court sessions are held in a special courtroom that features an oval-shaped table and vibrant Aboriginal artwork, with Elders and Respected Persons sitting on either side of the judge or magistrate across from the young person.

Melbourne Children’s Koori Court Magistrate Jennifer Bowles said the way Sgt Stephens engages with the young Koori people and the Elders is exemplary.

“Mark is so dedicated to this court and everyone involved in it from myself and the Koori elders to the young Koori people fronting the court and the victims,” Magistrate Bowles said.

“We recently had a young Koori girl whose matter was approaching finalisation while Mark was on leave.

“He heard the case was nearing finalisation and cancelled his leave so he could appear for Victoria Police on the matter.

“When I asked him why he did it, he said, ‘Koori Court thrives on a safe environment and I know this young girl is comfortable with me being in the courtroom and I didn’t want to jeopardise the case or the progress she had made by having another strange face in the courtroom’.”

When Sgt Stephens talks about his role in the Children’s Koori Court, it is clear his passion goes beyond it simply being a part of his job.

“As a white person living in this country, on Aboriginal land, I feel it’s my responsibility to help these young people as best as I can,” he said.

“The Koori Court isn’t about going easy on these young people; it’s about holding them accountable for their actions but coming from a cultural point of view.

“For many of the young people who come through the court, getting told by the Koori Elders that they have bought shame on their community is more confronting than being arrested by a police officer.

“It’s still a court system like any mainstream hearing and, as a representative of Victoria Police, I am there to first and foremost advocate for the victim and for community safety.

“However, by approaching cases in a different way, we can connect with the young person and have more of an impact in terms of rehabilitation and diversion to reduce reoffending.”

In addition to his Koori Court work, Sgt Stephens has also headed the Assessment and Referral Court Prosecution Team at Melbourne Prosecutions since its inception in 2010.

Ever humble, Sgt Stephens reluctantly acknowledges the profound impact his work has had on strengthening connections between police and several marginalised communities.

“It’s just about going into every case with an understanding of how a person’s life experience and culture can impact their perception of police, the courts and the offending they have taken part in,” he said.

“My main goal is to connect with them and get them to understand the impact their actions have had on the victims and the community.

“It’s something I’m passionate about, which you have to be to keep doing it for 20 years, and I want to keep doing it for many years to come.”