The family of an Indigenous teenager who died during a police chase have had their request denied to hold a smoking ceremony inside a courtroom during the trial of his alleged killer.
Jai Wright died at just 16 years old after allegedly crashing a stolen trail bike into an unmarked police car during a police chase in Alexandria, inner Sydney.
The teen suffered severe head trauma and died in hospital one day after the crash on February 20, 2022.
Sergeant Benedict Bryant was charged with negligent driving occasioning death and dangerous driving occasioning death following an inquest into Jai’s death.
He has pleaded not guilty and is due to face a judge-only trial at Sydney District Court this week.
Jai’s family requested to hold a traditional smoking ceremony, in which native plants are burned to ward off evil spirits and offer blessings, inside the courtroom.
The bid, which had roughly 100 supporters, was denied late on Friday.
The family will be allowed to hold a smoking ceremony on court property, but it has to be outside.
Prominent Indigenous leader Warren Mundine told the Daily Telegraph holding the ceremony in the courtroom could create a ‘perception issue’.
‘It has a perception of sympathy towards the victim and against the accused. The legal system can’t be seen to be biased or have a perception of bias,’ he said.
NSW Supreme Court Justice Anthony Whealy similarly stated the smoking ceremony could be seen as the legal system giving preference to Jai’s family.
‘It’s one thing to respect a person’s culture but we are confronting a criminal trial in all its seriousness, and a smoking ceremony doesn’t fit into that context at all,’ he said.
Bryant’s lawyer Paul McGirr had strongly argued against the request.
‘Holding a smoking ceremony runs the risk of awarding special status to an alleged victim and is completely unfair to an accused person,’ he said.
‘It has absolutely no place in a court that has to remain objective.’
Bryant’s barrister Brent Haverfield told Judge Stephen Hanley SC: ‘There’s no facility for it under any of the practice I know that would allow for it.’
The request was turned down, with Judge Hanley also noting the ‘health and safety’ risks of having a smoking ceremony in an enclosed courtroom.