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"Radical action" will be taken if a review of sentences handed down to sexual offenders in Cape York communities uncovers a systemic failure of justice, Queensland Premier Anna Bligh.
Queensland's Attorney-General Kerry Shine has ordered a review of 64 sentences given to sexual offenders in the state's far north over the past two years.
The order was made after widespread criticism of a case in which nine attackers escaped jail time for the gang rape of a 10-year-old girl in the remote Aboriginal community of Aurukun in April 2006.
The prosecutor in the case, Steve Carter, was stood aside from his position as senior legal officer responsible for Cape York matters in the Director of Public Prosecution's Cairns chambers, pending an investigation into the case.
Court transcripts showed Mr Carter had described the 2006 incident as "childish experimentation" and consensual "in a general sense".
The child - who cannot be named - was gang-raped at the age of seven in Aurukun on Cape York in 2002, and was placed into foster care with a non-indigenous family in Cairns.
However, child safety officers in April 2006 returned her to Aurukun, where she was raped again at the age of 10.
In October this year Cairns-based District Court judge Sarah Bradley did not record convictions against six teenage attackers and gave three others aged 17, 18 and 26 suspended sentences over the rape.
Mr Shine has ordered an appeal against the sentences, and a review of similar cases.
"The Director of Public Prosecutions has agreed to conduct this review of decisions and will provide details of the sentences handed down, what sentence the crown prosecutor asked for and which judge was involved in the case," Mr Shine said.
The review will look at 37 matters heard this year, including 22 that were heard in Cape Circuit sittings, and 27 heard in 2006, 10 of which were in Cape Circuit sittings, he said.
Premier Anna Bligh said the review has been ordered to establish whether there was a systemic failure of justice in Cape York communities.
"What's not clear until we look at all of these cases is, is it a systemic issue - where the standard of justice is somehow different or lower in these communities," Ms Bligh told ABC Radio.
"Or is this a one-off aberration from one particular officer?
"Until we have seen all of those cases it would be premature to say this is systemic. But if those cases show that it is, I won't hesitate to take very radical action if necessary."
Meanwhile, Mr Shine has admitted the appeal of the Aurukun case may be complicated as imprisonment was not sought by Mr Carter.
"It's a hurdle that we (the Crown have) in arguing the case before the court of appeal ... however, based on prior experience, it's not a fatal hurdle in that sense," he told ABC Radio.
"It's one factor that the court of appeal will take into account but only one of the factors necessary to be examined."
The Courier-Mail newspaper reported that Mr Carter was demoted from crown prosecutor to legal officer 18 months ago and ordered to undergo work performance reviews after concerns over his handling of cases.
He was eventually reinstated to prosecution duties but kept the lower rank of legal officer.
Queensland's Attorney-General Kerry Shine has ordered a review of 64 sentences given to sexual offenders in the state's far north over the past two years.
The order was made after widespread criticism of a case in which nine attackers escaped jail time for the gang rape of a 10-year-old girl in the remote Aboriginal community of Aurukun in April 2006.
The prosecutor in the case, Steve Carter, was stood aside from his position as senior legal officer responsible for Cape York matters in the Director of Public Prosecution's Cairns chambers, pending an investigation into the case.
Court transcripts showed Mr Carter had described the 2006 incident as "childish experimentation" and consensual "in a general sense".
The child - who cannot be named - was gang-raped at the age of seven in Aurukun on Cape York in 2002, and was placed into foster care with a non-indigenous family in Cairns.
However, child safety officers in April 2006 returned her to Aurukun, where she was raped again at the age of 10.
In October this year Cairns-based District Court judge Sarah Bradley did not record convictions against six teenage attackers and gave three others aged 17, 18 and 26 suspended sentences over the rape.
Mr Shine has ordered an appeal against the sentences, and a review of similar cases.
"The Director of Public Prosecutions has agreed to conduct this review of decisions and will provide details of the sentences handed down, what sentence the crown prosecutor asked for and which judge was involved in the case," Mr Shine said.
The review will look at 37 matters heard this year, including 22 that were heard in Cape Circuit sittings, and 27 heard in 2006, 10 of which were in Cape Circuit sittings, he said.
Premier Anna Bligh said the review has been ordered to establish whether there was a systemic failure of justice in Cape York communities.
"What's not clear until we look at all of these cases is, is it a systemic issue - where the standard of justice is somehow different or lower in these communities," Ms Bligh told ABC Radio.
"Or is this a one-off aberration from one particular officer?
"Until we have seen all of those cases it would be premature to say this is systemic. But if those cases show that it is, I won't hesitate to take very radical action if necessary."
Meanwhile, Mr Shine has admitted the appeal of the Aurukun case may be complicated as imprisonment was not sought by Mr Carter.
"It's a hurdle that we (the Crown have) in arguing the case before the court of appeal ... however, based on prior experience, it's not a fatal hurdle in that sense," he told ABC Radio.
"It's one factor that the court of appeal will take into account but only one of the factors necessary to be examined."
The Courier-Mail newspaper reported that Mr Carter was demoted from crown prosecutor to legal officer 18 months ago and ordered to undergo work performance reviews after concerns over his handling of cases.
He was eventually reinstated to prosecution duties but kept the lower rank of legal officer.
