Reconciliation and Social Justice Library

ROYAL COMMISSION INTO

ABORIGINAL DEATHS IN CUSTODY

REPORT OF THE INQUIRY INTO THE DEATH OF

DAVID JOHN GUNDY

• DAVID JOHN GUNDY
  • INTRODUCTION AND SYNOPSIS
    • DAVID GUNDY'S DEATH IN BRIEF
    • DAVID GUNDY
    • POLICE REASONS FOR THE RAID
    • THE RAID
    • SERGEANT DAWSON'S CONDUCT
    • JUSTIFICATION FOR THE RAIDS
    • DEFICIENCIES IN TRAINING
    • INVESTIGATION
    • TREATMENT OF FAMILY
    • POLICE ATTITUDE TO THE LAW
    • RECOMMENDATIONS
  • OPERATION HAIG
    • ORIGINS OF - OPERATION HAIG
    • INFORMATION ABOUT JOHN PORTER
    • THE PLANNING CONFERENCE
    • THE SIX PREMISES
      • 'A. 193 Sydenham Road. MARRICKVILLE.
      • 'B. [An address at Bondi]
      • 'C. 8/45 John Street. PETERSHAM.
      • 'D. 87 Darley Road. Newtown.
      • 'E. 81 Darley Road. Newtown.
      • 'F. 2 Kensington Road. Summer Hill.
    • THE JUSTIFICATION FOR THE RAIDS
    • THE RISKS OF THE RAID
    • POLICE - DOWERS OF FORCED ENTRY. TO EFFECT ARREST
    • SUFFICIENCY OF INFORMATION FOR FORCED ENTRY
    • THE MISUSE OF SEARCH WARRANTS
    • THE ISSUE OF SEARCH WARRANTS
    • WHAT MUST BE ESTABLISHED
    • THE APPLICATION FOR THE WARRANT
    • THE GROUNDS FOR BELIEF
    • CONFLICT BETWEEN THE JUSTICE AND THE POLICE
    • WARRANTS AND THE BLACKBURN ROYAL COMMISSION
    • FURTHER INFORMATION FROM INFORMANT A
    • INFORMANT B
    • ASSOCIATION WITH A PRISON PSYCHOLOGIST
    • EFFECT OF INFORMATION OBTAINED AFTER PLANNING MEETING
  • THE SPECIAL WEAPONS AND OPERATIONS SECTION
    • HISTORY OF SWOS
    • THE MISSION AND ORGANISATION OF SWOS
    • THE USE OF SWOS
    • THE MEMBERS OF SWOS TEAM ONE
    • ENTRY PROCEDURES
  • THE RAID ON 193 SYDENHAM ROAD
    • PREPARATION OF OPERATIONAL ORDERS
    • THE RECONNAISSANCE
    • THE EARLY ROOMING BRIEFING AT RED FERN
    • COMMAND AND COMMUNICATIONS
    • THE EXECUTION OF SEARCH WARRANTS
    • THE DECISION TO MAKE A FORCED ENTRY
    • PURPOSE OF ENTRY
    • EXPECTATIONS OF TEAM ONE MEMBERS
    • PREPARATION FOR THE RAID
    • THE FIXING OF THE TIME FOR THE RAID
    • THE EARLY ENTRY BY TEAM ONE
    • RELIANCE ON SWOS EVIDENCE
    • THE RECORDED INFORMATION
    • SPEED OF OPERATION
    • THE ENTRY - TO 193 SYDENHAM ROAD
    • CONSTABLE WATSON'S MOVEMENTS
    • THE EVIDENCE ABOUT THE SHOOTING
    • INITIAL ACCOUNTS
    • McDONALD'S AND VALENTINE'S EVIDENCE
    • ASSAULT AND FALSE IMPRISONMENT
    • DEBRIEFING OF SWOS TEAM
    • RESULT OF THE SEARCH
    • THE OCCUPIER'S NOTICE
    • REPORT TO THE JUSTICE OF THE PEACE
    • THE TREATMENT OF BRADLEY EATTS
    • INFORMING THE RELATIVES
  • MEDICAL AND SCIENTIFIC EVIDENCE
    • AUTOPSY FINDINGS
    • MEDICAL RECONSTRUCTION OF DEATH
    • SUBMISSION BY RELATIVES
    • EXAMINATION OF THE SCENE
    • BLOOD DISTRIBUTION
    • FURTHER INVESTIGATION BY DETECTIVE CONSTABLE
    • BALLISTICS EVIDENCE
    • DETECTIVE CONSTABLE'S RECONSTRUCTION OF EVENTS
    • THE FINGER SLIP HYPOTHESIS
  • RESPONSIBILITY FOR THE DEATH
    • ISSUES OF RESPONSIBILITY
    • SERGEANT DAWSON'S RESPONSIBILITY
    • SERGEANT DAWSON'S TRAINING
    • NEW WEAPONS TRAINING
    • SWOS RAID PROCEDURES
    • LAWFULNESS OF ENTRY
    • RESPONSIBILITY OF SENIOR OFFICERS
    • RESPONSIBILITY OF THE JUSTICE ISSUING THE WARRANT
    • BLAMING THE VICTIM
    • WHO WAS DAVID GUNDY?
    • ABORIGINALITY
    • PROCEEDINGS AGAINST POLICE OFFICERS
  • THE INVESTIGATION OF THE DEATH
    • A WEALTH OF INVESTIGATIONS
    • SHOOTING INVESTIGATIONS
    • POLICE INVESTIGATION
    • POLICE CONNECTIONS WITH MEDIA
    • THE SWOS CONNECTION
    • POLICE INVESTIGATING POLICE
    • ACCOUNTABILITY OF THE INVESTIGATORS
    • STATEMENTS AND LEAKS TO THE MEDIA
    • TREATMENT OF SWOS OFFICERS
    • FINGERPRINT EXAMINATION
    • EXPERT EVIDENCE ON SWOS METHODS
    • INTERNAL AFFAIRS INVOLVEMENT
    • DISCUSSION BY WITNESSES UNDER INVESTIGATION
    • PREPARATION OF INQUEST, INCLUDING AUTOPSY
    • MEETINGS OF 6 JULY AND 12 JULY
    • THE INQUEST
    • ROLE OF THE JURY
    • ROLE OF COUNSEL BEFORE CORONER
    • ACTION TAKEN BY CORONER FOLLOWING THE INQUEST
    • INVESTIGATION OF POLICE CONDUCT
    • THE OMBUDSMAN AND THE GUNDY DEATH
    • COMPLAINTS UNDER THE PRAM ACT
    • THE OMBUDSMAN'S ATTITUDE
    • LAUER'S ATTITUDE TO THE COMPLAINT
    • THE CORONER INTERVENES
    • SUBSEQUENT ACTION UNDER PRAM ACT
    • THE POLICE INVESTIGATION FOR THE OMBUDSMAN
  • GENERAL ISSUES
    • NEED FOR FURTHER CONSIDERATION OF ISSUES
    • LAW REFORM
    • POLICE INVESTIGATIONS
    • POLICE/MEDIA RELATIONS
    • SWOS AND ITS CULTURE
    • OFFENSIVE LANGUAGE
    • CO-OPERATION OF POLICE WITH THE COMMISSION
    • DECISION AS TO THE CALLING OF WITNESS INFORMANT B
      • The issue
    • THE LEGAL AUTHORITIES
    • UNCERTAINTY- OF THE LAW
    • BALANCING THE CONSIDERATIONS
    • THE FORMAL SITUATION
    • COURSES OPEN TO THE COMMISSION
    • THE PRACTICALITIES
    • ASSISTANCE OF COUNSEL
    • SCHEDULE 1 - LIST OF WITNESSES CALLED
    • SCHEDULE 2 - LIST OF STATEMENTS/REPORTS TENDERED
    • SCHEDULE 3 - LIST OF EXHIBITS