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Houston, Jacqui --- "Community Calls for Answers over an Aboriginal Death in Custody" [2007] IndigLawB 49; (2007) 6(30) Indigenous Law Bulletin 2

Community Calls for Answers over an Aboriginal Death in Custody

compiled by Jacqui Houston

On Wednesday 10 October 2007, the Western Australian (‘WA’) Coroner’s Court began its inquiry into the April 2006 death in police custody of 35-year-old Carl Woods. In April 2007, a rally was held after a team from the Major Crime Squad and the Internal Affairs Unit of Western Australia Police found that not one of the four officers involved should face any charges or disciplinary action. Those who attended the rally called for an open coronial inquest into the death and an end to Indigenous deaths in custody. Lawyer Hannah McGlade spoke at the rally:

We are here today because the family of Carl Woods, a year after his death, still do not know how their son died in police custody. Only recently has the family been advised that no officers would be charged, notwithstanding that their son suffered great injuries.



Of course there should have been an independent inquiry into Carl’s death. There was not. The WA Police have both investigated and exonerated themselves and they took a whole year to do this.



We have seen in Queensland with the death of Mulrunji Doomadgee in Palm Island that the Queensland Police Service was unable to adequately investigate one of its own,[1] that the Coroner in that State was forced to look into the matter and did find that the death was the result of the actions of the police officer when arresting the deceased. The Coroner’s finding was then rejected by the State Director of Public Prosecutions who refused to lay charges.[2] That situation in Queensland was addressed by a subsequent independent inquiry that recommended criminal charges.[3]



In relation to Palm Island, the whole of Australia witnessed the systemic discrimination of Aboriginal victims of crime, and we are here today because we are also witnessing the mistreatment of the Woods family, who deserve a just response from the legal system.



It is extremely difficult to understand how the police investigation has taken so long; nearly a whole year.



According to the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (adopted by the General Assembly in 1985), it has been agreed that:

4. Victims should be treated with compassion and respect for their dignity. They are entitled to access to the mechanisms of justice and to prompt redress … for the harm that they have suffered.[4]



The Declaration also provides that the legal system should keep victims informed of the timing and progress of their matter, that they are provided with proper assistance throughout the legal process, and that any unnecessary delays are avoided.



The WA Coroner is now faced with the task of determining the circumstances of Carl Woods’ death, and we call upon her to do so without fear or favour; remembering that law enforcement officials are required to respect and protect human dignity and maintain and uphold the human rights of all persons.



According to the International Code of Conduct for Law Enforcement Officials, force is authorised only in exceptional circumstances and where it is reasonably necessary under the circumstances, but no force going beyond what is reasonable may be used. The use of force must always be proportional.



Thank you to the Death in Custody Watch Committee who called us here today to ensure that our voices are heard - and known publicly that we expect fair procedure and justice for the family of Carl Woods.

The Indigenous Law Bulletin will publish further information on the investigation into the death of Mr Woods once the Coroner releases her finding. In the meantime, the following are excerpts from Elizabeth Murray’s recent article in The Koori Mail on the inquest proceedings:

Despite the insistence by four police officers involved in Carl Woods’ apprehension that they had not used batons or torches to subdue him, a woman whose Parmelia home Woods had broken into on 11 April last year told the court she saw an officer using a black baton-like object to strike the 35-year-old father on the thighs and buttocks.



The witness said she had asked a senior sergeant from the Major Crime Squad overseeing the investigation to add those details to her police witness statement but was told that police already had sufficient evidence and statements would be reviewed at some later date.



...



During the inquest, the court heard a recording of police operator Ben Fields confirming an ambulance officer’s query about whether Woods had ‘received a hiding’…



Forensic pathologist at the State Mortuary in Perth, Dr Gerard Cadden, said linear bruising on Woods’ back and legs appeared to be consistent with downward strikes from an object such as a mag torch or baton.







Dr Cadden … said that police officers should be aware of ‘post-exertion peril’ when arresting people obviously in … high-risk health categories. He said vigilance was vital on the part of police officers to reduce the risk of death in vulnerable people after violent struggles, and resuscitation needed to be applied promptly to increase the likelihood of recovery.[5]

[1] See Geraldine Mackenzie, Nigel Stobbs and Mark Thomas, ‘‘What Really Happened’ Versus ‘What We Can Prove’: Tension Between the Roles of Coroner and DPP in Queensland’ [2007] IndigLawB 2; (2007) 6(24) Indigenous Law Bulletin 6, 9.

[2] Office of the Director of Public Prosecutions, ‘Hurley Not to Face Criminal Charges’ (Press Release, 14 December 2006).

[3] Senior Sergeant Chris Hurley faced trial and was found not guilty in June 2007.

[4] United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, GA Res 40/34 of 29 November 1985, <http://www.unhchr.ch/html/menu3/b/h_comp49.htm> at 29 October 2007.

[5] Elizabeth Murray, ‘Family Waits for Coroner’s Ruling’ Koori Mail (Lismore, 24 October 2007).