A Breakthrough

each time. But as we've previously discussed on the podcast, that was under the old system, Queensland had not had an update to their parole system since nineteen thirty seven, that's before the Second World War, and it was under that system that it was proving impossible to get Kevin Henry released. And there is a very crucial reason to that, and that's because under the old parole system, as we've discussed previously, there was no what they call Denier's program.

There was no ability for a prisoner to maintain their innocence. And Kevin Henry has maintained his innocence since nineteen ninety one and he's not going to change that stance because he did not commit this crime and the evidence shows that. But under the Queensland system that's actually been used against him. His unwillingness to admit to something he didn't do has meant the Parole Board has continued to reject his application.

But under the new parole system that comes on the back of a review that was done into the entire Queensland Parole system, where there was ninety eight recommendations as to ways the parole system should be updated and improved, and many of those updates directly address issues dealing with aboriginal prisoners. This new system gives us a far better chance. But further than that, what it's meant is we now

have a way forward for Kevin. It's not the same old case of putting in an application and knowing it's going to be rejected because the rules just aren't fair. Now we have a real chance of helping Kevin Henry walk free.

The Parole Board considered Kevin's application in February twenty and sixteen, June sixteen, twice, November twenty and sixteen, January twenty and seventeen, February two thy seventeen, and then May, June and July twenty and seventeen, and they reviewed his case a number of times in both the June and July. Now, one success we've had is on the tenth of August, the new Queensland Parole Board agreed to rescind all of those previous decisions, So that is to rescind those decisions that

rejected parole for Kevin. And now what the board say is and I quote, the Board will consider your application afresh. So this has given us an opportunity to present to the new Parole Board the full suite of information surrounding

Kevin's case. And it's been very frustrating for Kevin in the past, because every time he's been before the Parole Board, when information has gone to the Parole Board in the past, it seems like they have not at all been aware of his case, his personal circumstances, and his previous efforts, and the way he's tried to explain that he is willing to do programs. He's willing to do what needs to be done, but he's not going to admit to a crime he did not commit. Now, I do need

to point out that the Parole Board state three things. Categorically, they cannot independently assess a person's guilt or innocence. They cannot determine whether a person is in fact guilty or innocent, and they can't overturn a judgment. These are all decisions

for a court. But what they can do, and what we've trying to be and what we've tried to explain to them is given Kevin Henry is an innocent man, given that he's maintained his innocence for twenty six years, given that all the evidence shows that Kevin is innocent, We're not asking for the Parole Board to owe returned

the decision of the court. What we are asking them is to consider these facts and that pressuring him and forcing him to admit to something he did not do doesn't help him, and it doesn't make the community any safer. And that's really what their guidelines are about. What's the best way to get someone like Kevin Henry back into the community and in a way the community is safe now.

Of course, if someone's committed a crime, then the parole board need to be very concerned about whether that person has rehabilitated, whether they have owned up to what they've done, taken responsibility, and gone through all the programs that are deemed necessary for them to be safe to the community. But Kevin's case is obviously remarkably different. He can't sit with a psychologist and explain what his motivations for the

crime were because he didn't commit the crime. He can't sit with a board or conduct a program surrounding things like offending alcohol abuse when he didn't offend and commit the crime, and he hasn't used alcohol or drugs for more than a quarter of a century. So this has all been very frustrating for Kevin, and I think people really need to understand why that would be frustrating for Kevin,

that he's almost been punished for maintaining his innocence. And I should point out, as we have in the past, that it has been only Queensland that has operated in this way that holds it against a person for maintaining

their innocence. But now we do see light at the end of the tunnel that, as the Parole Board have said themselves, they're looking at this afresh and this will give us a new chance to appeal to the Parole Board and to outlay the way we see Kevin's integration back into the community going his release, and why he should be released, and the fact that he should no longer be punished for maintaining his innocence.

This is still a professional parole board member, a professional person with experiencing the law, law enforcement and relevant areas. But it seems quite clear that that has never taken place. But now finally we've been assured in writing that an Aboriginal and Torestrade Islander person will be on the board that considers Kevin's future. And there's quite a few reasons

why that is important. Firstly, are the basic statistics. Aboriginal and Toros Straight Islander people are systematically denied parole far at a far greater number than non in Indigenous people. That's despite when you wait equally the crimes they've committed, the length of time they've served, their rehabilitation, their efforts to undertake any of the programs that have been required,

their behavior inside prison. So clearly Aboriginal and Terros Straight Islander people have been treated unfairly, and that's been obvious to Kevin as he's watched people who have committed heinous

crimes walk free while he still sits in prison. And again that only adds to his frustration, and it adds to the frustration of all Aboriginal and Torostraight Island to prisoners when they play by the rules and do the right thing and yet they get denied parole while other non Indigenous people get paroled all the time having committed far more serious crimes. Now there's some quite crucial reasons

why this is the case. Of course, there is the basic fact of discrimination, and the facts are clear on that. When you wait case to case, the discrimination is clear. There can be no argument as to that. But there

are some reasons why that takes place. Some of the things that are required of an individual to gain parole is to show things like that they will be welcomed back into their community, that they will have a place to live, and that the way the parole Board previously operated, and we hope that that has now changed, has been

very much focused on non Indigenous culture. So when an Indigenous person, particularly someone like Kevin Henry from a place like Warabinda nominates a place to go back to as a high he nominates someone like his uncle, and this is the best place for someone like Kevin, where he can live with someone who's a mentor someone who can help him reintegrate into the community. So much has changed

in twenty five years. It also allows Kevin to connect back to country and culture, and all the studies show that this reconnection with country and culture, living with family, having role models is what helps Indigenous prisoners on their release and prevents recidivism. But it's not something that is at all understood by previous parole boards and has not

been understood really by parole boards right around Australia. And so it's vital that there is an Aboriginal or Torrestrate Islander person on the parole board that can explain these issues to the other parole board members, that can explain why these things are important, Why moving back and living on country for someone is important. Re engaging in their culture, reconnecting with their family. These are the things that give people hope and meaning and purpose and this is what

we know helps prevent recidivism. It also has to do with things like literacy in the non Indigenous community. Literacy is a very black and white issue. It's considered someone is basically literate and that is ninety to ninety five percent of the population or not literate. And for people in the non Indigenous community who are not literate, finding work, going through restorative justice programs, rehabilitation, reintegration can be very difficult.

For Aboriginal and Torres Straight Islander people. This is not at all the case. Aboriginal in Torres straight Islander people could be considered illiterate in the non Indigenous sense and yet speak up to five languages from their own country. This is not someone who is illiterate, but they are

considered that way. An Aboriginal and Torostraight Islander person could be someone who has a deep knowledge of their community, their country, who's had considerable work experience, working on the land, working in their community. Someone like Kevin is a great stockman, he's a great artist, and he has a lot to

offer and there's a lot he can do. But this is not understood by the non Indigenous community, and all these things go against people like Kevin and all Aboriginal people when they come to meet with the Parole board

and those decisions are made. And finally, the thing that is probably most difficult for non Indigenous people to understand, particularly professional parole board members who may have never had any contact with Aboriginal people, is understanding how an Indigenous person in that parole interview is going to express themselves and explain what is important to them and how they're going to manage their relapse prevention plan and how they're going to ensure that the practical day to day side

of things are taken care of. Indigenous families act like a community of their own. Contrary to what a lot of people believe and a lot of the stereotypes that are pushed, Indigenous families are very caring, providing, nurturing and it's an all encompassing way of life. This is not something non Indigenous people often relate to. And so while Kevin would be considered just to look at his file not to have such support, that is in fact entirely incorrect.

A place like Warabinda is a dry community. Only non Indigenous people in Australia are released into potential dryer communities. This gives them a huge advantage and should in fact be a benefit to them when going before the parole board, but instead being released back to an Indigenous community is for some reason seen as a negative. This is something else we wish to challenge. Where Kevin is from in Warabinda,

there is also a healing center. This enables people like Kevin and all members of the community to connect with their culture, to work with their and to grow for themselves in a sense of connection to who they are, their people and country that just doesn't take place in mainstream education. All the science shows this works, and yet the science has not been caught up to by the parole boards, by corrective services, and by those who incarcerate

Aboriginal in Toro straight Islander people en mass. So, just like most Aboriginal Interiro Straight Islander prisoners, Kevin has a lot going for him. The problem has always been that the system has not been able to understand that and

see that. Now we are hoping under the new system will be able to present these facts and that the parole board, having an Aboriginal Interros Straight Islander member on that board will be more receptive of what we've been able to put in place for Kevin and to see the person that Kevin is a kind and generous person

as you've heard from people on this podcast. A man who is great on the land, an artist who's cared for his fellow inmates, who's very well known and liked by many of the people inside the system who run the prison system, and these things should be positives for him. Things like literacy should not be used as negatives against a person who is perfectly capable of functioning in society.

able to do to go through that process. Now, we're organizing for Kevin to have a support person in place when that takes place, because, as I've outlined, this is very complicated. But I really believe when the parole board can listen to Kevin and hear him explain and speak for himself. They'll be able to see just what we've been talking about throughout kurtin the podcast, So that should

take place in the next few weeks. In the meantime, we're also working with the parole Board to come up with plan so that if release is granted, then we have everything in place for moving forward. It's quite a complex process when someone's released from prison after so long. You need to understand that when Kevin went inside, there was no mobile phones or internet or anything like that.

So just getting things like Medicare cards and working out how to live in the twenty first century requires some adjustment,

and so we're working through all of that. So potentially this could take place in the next few weeks, and we asked that those who support Kevin keep thinking about him and keep the encouraging messages that this is his time to be released, that he poses no threat whatsoever to the community, and that when the parole Board hear him speak in the next few weeks, that they will understand he is an innocent man and it's time for

him to go home. We've worked very hard and for a long time to overcome all these systematic hurdles that every prisoner, particularly Indigenous prisoners in Queensland face and we're hoping Kevin is as much a test case as well to show that what has happened what we first posed, that there are innocent people in prison. There are innocent Indigenous people in prison, and it's time for them to be released. It's time for the Parole Board to do their job and send them home.

And so more information is coming in and that information is being presented to the Governor of Queensland so that they have all the information about this case so that they can see Kevin Henry's innocence and pardon him completely and absolve him of a crime he did not do. To quickly summarize that, as you've heard, that includes new

forensic evidence, It includes the confirmation of Kevin's alibi. It includes multiple witness statements that not only point to Kevin not being involved, but pointing to exactly who was involved. These eyewitnesses who saw people known to them commit this crime, and those people were not Kevin Henry. There is not a piece of information that we've received over the last year or so that hasn't gone further to show Kevin

is innocent, and so we continue to present that. And finally, as we've discussed before, the sole piece of evidence against Kevin Henry is his confession. We've already poked serious holes in that confession. In fact, we didn't have to do that. The judge showed there were huge holes in the confession and ruled up to eighty percent of it inadmissible because it was not voluntary. But there's more to come on that confession and that will further go to prove Kevin Henry's innocence.