Jefferson Lewis could face life in prison. Traditional law calls for a different kind of justice

Warning: This story contains images of a deceased Indigenous person.

After police found the body of Kumanjayi Little Baby on the banks of the Todd River, they vowed to bring to justice the man they say killed her.

On the fifth day of a manhunt to find Jefferson Lewis, accused of abducting and murdering the five-year-old girl, Lewis surrendered to Charles Creek Camp. There, five kilometres from Kumanjayi Little Baby’s home, he was severely beaten by a vigilante group.

Unconscious, Lewis was handcuffed, bringing an end to a pursuit that had gripped the country. Still, the community wanted more. Hundreds rioted outside Alice Springs Hospital demanding payback; justice, they said, had not been done. As police cars were set on fire and rubber bullets were fired into an angry crowd, the community demanded that Lewis be handed over.

In the Indigenous communities of the vast central Australian desert, unwritten rules govern the way of life. Customary law, a deeply spiritual and swiftly enforced values system, often overrules the common law system of wider Australian society in Indigenous communities. In those ancient cultures, offenders must pay with an eye for an eye.

Punishment, often referred to as “payback”, varies according to the crime committed and the cultural background of the offender. In the most extreme instances, some crimes can be punishable by death; men have faced traditional spearing, even after serving a prison sentence. But rather than a form of revenge, traditional payback is considered essential to peacemaking and preventing further violence; within communities, it is seen as a necessity to right wrongs.

In some instances, offenders have evaded police until they have received the traditional punishment owed them under customary law. So deeply ingrained in communities is the enforcement of customary – or traditional – law that Northern Territory courts have historically considered aspects of the values when sentencing offenders.

The family of Kumanjayi Walker, a 19-year-old Warlpiri and Luritja man shot and killed by Northern Territory police constable Zachary Rolfe in 2019, said the officer should have faced traditional payback over the teenager’s death. Rolfe was acquitted at trial of Walker’s murder. An inquest into Walker’s death was told the payback – a spearing – would help the community of Yuendumu heal.

The chaos that ensued on Thursday night, however, is not regarded by authorities and legal experts in the Northern Territory as an example of traditional punishment. What unfolded, they say, was rioting and violence.

“We don’t accept that concept. There is one law and that applies equally to everybody,” Northern Territory Police Commissioner Martin Dole told ABC Radio on Friday morning.

“I understand that there is an absolute sense of grief and loss, but can I be very clear? This behaviour cannot be excused, explained away or tolerated, and those responsible for doing that should be held accountable just as Mr Lewis is being held accountable.”

Lewis was flown to Darwin for medical treatment amid concerns for his safety if the crowd reached him. It is expected he will be charged at the weekend.

Kumanjayi Little Baby’s family, too, called for calm amid the chaos.

“This man has been caught, thanks to community action, and we must now let justice take its course while we take the time to mourn Kumanjayi Little Baby and support our family,” her grandfather, Robin Granites, said.

Lewis, despite the grief and anger that spilled onto Alice Springs’ streets, is now in the hands of the territory’s justice system.

“Mr Lewis is in police custody. There will be a prosecution commenced, and the court case will proceed,” Dole said.

“That needs to be accepted by the community.”

For cultural reasons, the name of the five-year-old victim will no longer be published, in accordance with the family’s wishes.

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