Judge keeps Kumanjayi Little Baby’s father in prison
Raphael Granites will remain in custody after an Alice Springs Local Court judge refused his lawyers’ bid for release so he could attend cultural grieving for his daughter, Kumanjayi Little Baby.
A separate attempt to suppress publication of his name was also rejected on open justice grounds.
Key Points
- Raphael Granites remains in custody on aggravated assault charges
- Bid for release to attend cultural grieving was refused
- Judge cited seriousness and alleged pattern of domestic violence
- Prosecutor opposed any release or suspended sentence for Granites
- Application to suppress Granites’ name was denied on open justice grounds
- Vigils held nationally after Kumanjayi Little Baby’s death
- Granites due to enter a plea in court on May 15
Custody decision
Raphael Granites, 26, appeared via video link from prison for a hearing into aggravated assault and domestic violence matters. He is being held at the Alice Springs Correction Centre and is expected to enter a plea on May 15. According to the court, the aggravated assault charge arises from an incident that allegedly occurred on April 23.
A lawyer for Mr Granites, Sage Wilson-Short, told the court that NT Corrections had deemed her client suitable for a supervised suspended sentence. Judge Jonathan Bortoli refused the application for release, stating he had taken into account the circumstances surrounding the death of Mr Granites’ daughter, while emphasising the seriousness of the alleged conduct and Mr Granites’ prior history.
Judge Bortoli said the alleged assault caused injuries that broke the skin and led to bruising. He described the offending as serious and noted what he characterised as an ongoing pattern of domestic violence involving the same complainant, as well as repeated failures to comply with court orders, including domestic violence orders, and breaches of suspended sentences.
On Thursday, the court did not hear what the relationship was between the complainant and the accused.
Prosecutor Sandra Morey strongly opposed Mr Granites’ release or any suspended sentence, submitting that the alleged domestic violence offending was repeated and directed at the same victim.
The court received a letter from Mr Granites’ family stating he “had suffered and was still suffering from immense loss” and that he was missing “sorry business” in Yuendumu. Despite the family’s appeal and the defence submission, the judge found the risk and seriousness of the alleged offending outweighed arguments for supervised release at this stage.
Suppression order rejected
In a separate application heard in Alice Springs on Friday, the defence sought a suppression order to prevent the publication of Mr Granites’ name and details of the offending. Another lawyer for Mr Granites, Sandy Leonard, argued that ongoing media coverage risked inflaming an already volatile situation and could escalate community tensions. She also raised concerns for her client’s safety, including the potential for violence against him.
“Media reporting potentially creates more fuel to an already volatile, incredibly sensitive situation.”
— Sandy Leonard, Lawyer for Raphael Granites
Ms Leonard told the court that recent events and unrest indicated lesser measures than a suppression order would not mitigate the risks of further escalation. Judge Bortoli denied the application on the grounds of open justice and proceeded with the hearing.
