How four suitcases of heroin turned a five-day dream holiday to Melbourne into 10 years behind bars and the important role of culturally appropriate interpreters. As a person origainlly from NESB (non english speaking background) or now known as CALD (culturally and lingustically diverse) I can not emphasise the importance of using interpreters.
I am also aware that interpreters in most jurisdictions must abide by their set of ethics, confidentiality and code of conduct that comes with assisting mediatons I have been involved in - for the most part I have really experienced powerful sessions with great outcomes over the years with their assistance.
However, there have been some instances where mediation session were derailed by the interpreter - including advise giving, such as:
"wow that's agood offer" (who cares what the interperter thinks!)
"it did not seem important to interpret that last bit" (my stomach turnes)
take on an extended private conversation with the party (much to the frustration as a mediator but clarly infuriated the other party)
Needless to say ....as a mediator ... these scenarios are not ideal ....
Accordingly, to mitigate any risk before every mediation - I spend several minuites with every new interpreter (in private) that this 'job' will not be easy due to the high level of person interest and values that are bing negotiated.
I do concede that this is particulary difficult when working in non-urban communities where the pool of interperters is small due to the intemate kinship structure - hence conflict of interest is common place (this will probably be another blog topic in the future)
The Chika Honda "Melbourne" Case
Given that backdrop - I would like to muse over a criminal case in Melbourne that highlights the importance of ensuring an effective interpreter in the room when we are working with CALD parties.
Ms Chika Honda has been described as:
"tiny, polite woman in her mid-40s, she would have look out of place not just because of her race (Japanese are almost unknown in Australian prisons) - but in her demeanour. She has none of the street-wise edge prisoners usually have. No scars, tell-tale yakuza tattoos, tattered ear-lobes, no priors before the drug importation conviction. "Background
Chika Honda 本多千香 joined a tour group to holiday in Australia. During a stop over in Malaysia, her suitcase was stolen, and was replaced by a local tour guide. When she arrived in Melbourne airport, she was arrested, charged, and convicted for importation of heroin.
Chika Honda has maintained her innnocence of the crime she was convicted of. She was released 10 years later on parole in 2002 and was deported.
Most Australians would see some similarity with Schapelle Corby who is spending time in Korobokan Prison in Bali Indonseia - this case is known is Japan as the Melbourne Case. There are some similarity with the He Kaw Teh Case as well (the Malaysia connection, drugs etc).The Interperter
To Honda's defenders, the case is more complex. They highlight botched interpretations of police interviews in which Honda's explanations of innocence and that she was used as a mule were literally lost in the appaling translation attempt by an unskilled interpreter at Melbourne International Airport.
The situation also did not do much to favour Honda as she was represented by an under-resourced legal aid defence that was unable to resource extensive investigations in KL and was advised not to testify at her trial — despite her strong desire to do so compounded, her supporters say, by misunderstandings and cultural differences.
Honda seemed not to aggressively assert her innocence — behaviour that Australians might see as a sign of guilt, but which is could have been regarded as normal in Japanese culture.
After researching Honda's case for four years, supporters including Australian academics professors Paul Wilson and Eric Colvin were convinced of her innocence and made unsuccessful appeals to the Govenor Genral and an application for pardon to the United Nations Human Rights Commission - this was the first time Japanese National appealed to the Haigue.
Although there are some character flaws about Chika that would preclude her to simply 'gullible' - this case highlights risks that may arise by not finiding a culturally appropriate interpreter. If this could happen to a Japanese tourist in Australia, next time.... it could be.... you ....or could it be that your client or party is trying to say something and you are not hearing properly because of the quality of your interpreter?
“We have two ears and one mouth so that we can listen twice as much as we speak.” Epictetus
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