The Royal Commission into Aboriginal Deaths in Custody:
The journey towards greater racial equality in Australia
Emma Whiteley (16487246)
Conclusions
The Death of Eddie Murray (1981)
- 21 years old, arrested in Wee Waa - about 400 kms north-east of Sydney
- Arrested under the Intoxicated Persons Act for drinking under a tree with friends
- He died within an hour of being at the police station
- "Police claimed he had killed himself by hanging, even though they agreed under cross examination that he was “so drunk he couldn’t scratch himself”. Yet according to them, Eddie had managed to tear a strip off a thick prison blanket, deftly fold it, thread it through the bars of the window, tie two knots, fashion a noose and hang himself without his feet leaving the ground."
- Still huge potential to reduce number of Aboriginal people in custody, if recommendations are implemented
- Investigate with more transparency and less bias
- Independent statutory authority responsible for investigating allegations of assault
- Police Ombudsman Northern Ireland: "the golden standard"
- Succeeded in putting the issue in the public agenda
- Raised awareness of the injustice and inequality occurring in our nation
The Trial
- Police were found to have lied under oath
- Unreliable evidence was presented to the Court by the police
- The coroner ruled that Eddie had died “at the hands of person or persons unknown”
- Despite this, no charges were laid
*The deaths of John Pat and Eddie Murray are regarded as the catalysts for the Royal Commission
What is a 'Royal Commission'?
- "a commission of inquiry established under letters patent pursuant to Crown prerogative at common law or under statute...have wide powers, including compulsory interrogation, punishment for contempt, and issuing search warrants..."
- "do not exercise judicial powers, as their findings do not themselves have legal consequences..."
- Report to Parliament with recommendations for legislation which may be taken up as part of the Government's legislative program
The Aftermath of Royal Commission
The Royal Commission into Aboriginal Deaths in Custody
RCIADIC: Recommendations
Recommendations:
minimizing numbers of Aboriginal people in custody
- 1987- 1991
- Response to a growing public concern that Aboriginal deaths in custody were common and poorly explained
- Recommendations 87 and 92
- Heavy over-representation of Aboriginal people in all forms of custody
"In 1991, Aboriginal people were 8 times more likely to be imprisoned that non-Aboriginal people."
- 339 recommendations: improving the socio-economic position of Aboriginal people in Australian society
- "Largely concentrated on the areas of procedures in custody, liaison with Aboriginal groups, police education and improved accessibility to information..."
Key recommendations to note:
- 87: arrest people only when no other way exists for dealing with the problem
- 92: imprisonment should be utilized only as a sanction of last resort
- 122: custodians must be aware of their duty of care responsibilities and are trained appropriately to meet them upon recruitment and subsequently
- 339: initiate a formal process of reconciliation between Aboriginal people and the wider community
- Governments have failed to adequately implement specific recommendations
- Led to unnecessary incarcerations and deaths of Aboriginal people
- "There's no justice for my people...I had hoped much would change with the Royal Commission by sadly it appears little has changed..."- Maisie Pat (John Pat's sister)
- Protest continue to promote the urgent need for change
- "The problem is that there have been some useful changes, but overwhelmingly, the situation had become worse... I feel like I am banging my head against a brick wall..." - Marc Newhouse, WA Death in Custody Watch Committee
The Death of John Pat (1983)
- 16 years old, living in Roebourne- Northern Western Australia
- A fight broke out between the off-duty police officers and a group of Aboriginal males
- The police had provoked the fight by unwarrantably verbally assaulting the men
- " John Pat was struck in the face by a policeman and fell backward...one of the off-duty police went over to Pat and kicked him in the head."
- Pat was then thrown into the police van "like a dead kangaroo".
- Pat died within an hour of being at the police station
The Trial
- The four officers involved drafted prepared statements denying the use of excessive force
- Significant discrepancies between the evidence of Aboriginal witnesses and the official police version of events
- An all-white jury heard the officers deny the acts of violence- and that any actions on their part were done in ‘self-defence’
- The jury found all police not guilty.
- Charges were laid against some of the Aboriginal people: fined for assault, resisting arrest or hindering police.
“His death, investigated by the Royal Commission into Aboriginal Deaths in Custody, became for Aboriginal people a symbol of injustice and oppression."
- Dr Bill Jonas , Australian Human Rights Aboriginal and Torres Strait Islander Social Justice Commissioner
Analysis of the effect of The Commission
Number of Aboriginal people in custody
Effect on Death Rate of Aboriginal People in Custody
- Continuing crisis
- "all levels of government have failed to respond adequately o the recommendations of the Royal Commission"- Dr Bill Jonas, Australian Human Rights Aboriginal Social Justice Commissioner
- 1991: 8 times more likely
- 2001: 10 times more likely
- 2010: 15 times more likely
"In 2009, the proportion of Aboriginal prisoners had almost doubled in the 20 years since the commission"
- Decade since 1991: Aboriginal deaths in custody increased by 150%
- 269 deaths since commission- average of one a month
The death of Mr. Ward (2008)
The death of Cameron Doomadgee (2004)
- Aboriginal elder, transported to Kalgoorlie for a scheduled court appearance
- Steel cell of aging van in 42 degree heat
- No comfort breaks or checks made by drivers
- Died of heat stroke
"felt like a blast from a furnace as the air escaped from the tiny steel cell pod..." -Doctor who removed Mr War's body
- Two prison officers received fines for failing to uphold their duty of care
- No charges relating to Mr Ward's death were made
"the cases are a good example of how the State's occupation health and safety law place a duty of care on a number of parties...we are confident that the exposure from this incident will go a long way towards ensuring tragic events like this never happen again..." - Joe Attard,Director of the Department of Commerce
- 36 years old, arrested by Christopher Hurley for creating a public nuisance
- Died within 45 minutes of being in his cell
- Fatal injuries resulted from some force to the abdomen
- The coroner said: Doomadgee should not have been arrested, and that local police had not learned from the findings of the Royal Commission
- No charges were laid: "not possible to ascertain whether the forces was deliberate or an accident"
- Sgt Hurley is now an acting inspector on the Gold Coast
Consideration in Subsequent Case Law
Police Injustice and Corruption
- Gray v Police [2004] SASC 109:
"Consideration on the appeal was given to the recommendations of the Royal Commission into Aboriginal Deaths in Custody relating to the provision of medical services to Aboriginal people in custody, the use of padded cells and the use of solitary detention"
- R v Scobie [2003] SASC 85:
"The respondent does not appear to have received any benefit from the Royal Commission recommendations through the 1990s. Had these recommendations been implemented his problems might have been identified, his treatment commenced and his condition resolved more than a decade earlier. The community might have been protected and the respondent could have avoided years of imprisonment."- Gray J
"For 150 years, police were regarded as agents of oppression. They had come to be perceived as upholding one law for white and one law for blacks..."
- Despite the commission, racial discrimination among the police force was still evident