86 4.91 Access to interpreters is not straightforward, even when one is present in court, if the witness is moderately fluent in English. The need for accurate evidence to be given would be best served by evidence being given in the language in which the person is most fluent. A submission describing a recent court case in the Northern Territory outlined how a lawyer objected when a witness sought the assistance of an interpreter part way through his evidence. The objection was disallowed. For a variety of reasons, Aborigines have a disproportionate contact with the criminal law.
Problems faced by Aborigines include racism, cultural differences, illiteracy and language problems.
They illustrate graphically what has been known for so long, namely that without aid of trained and skilled court interpreters in Aboriginal languages, the administration of justice in the Northern Territory remains sadly impeded. The Attorney-General's Department report found that systems for ensuring the availability of competent interpreters for Aborigines and Torres Strait Islanders in the legal system are not well developed. The Royal Commission into Aboriginal Deaths in Custody made two recommendations on interpreters in court. Where there is doubt or reservations as to these matters proceedings should not continue until a competent interpreter is provided to the person without cost to that person. That governments should take more positive steps to recruit and train Aboriginal people as court staff and interpreters in locations where significant numbers of Aboriginal people appear before the courts.