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When someone dies in custody, since RCIADIC, there’s a huge, complex system of investigations that take place. These processes were subject of recommendations 6 to 40 of #RCIADIC30years: http://www.austlii.edu.au/au/other/IndigLRes/rciadic/national/vol5/5.html
Just because they’re systematic, technical and complicated doesn’t mean they’re neutral. For our people, they do administrative violence to both the person who has died and those who love them. More on that tomorrow. https://theconversation.com/indigenous-deaths-in-custody-inquests-can-be-sites-of-justice-or-administrative-violence-158126
The first thing that a family will go through after their loved one has died in custody is a notification. They’re often horrifying in their own right — not only a question of cultural incompetence but racism and institutional cruelty.
. @wewillfight4you spoke about this to the NSW Select Committee. Their ill grandfather was notified of Nathan Reynolds' death by police at 4am. Taleah has still not been formally notified. She was not told where Nathan was, after a day of unreturned calls. https://www.parliament.nsw.gov.au/lcdocs/transcripts/2484/Transcript%20-%207%20December%202020%20-%20CORRECTED.pdf
Some families are notified while a loved one is still alive. Eric Whittaker was shackled to a hospital bed: https://www.theguardian.com/australia-news/2020/feb/28/shackling-unconscious-gamilaraay-man-eric-whittaker-to-his-bed-was-horrific-and-disgraceful. Danny Whitton’s mum tried to rest beside him as he died, only to be told he was ‘Corrective Services property’. https://www.alsnswact.org.au/danny_whitton_death_in_custody
Every death in custody, Indigenous or not, goes to a Coroner who most of the time will hold an inquest. We can’t take this for granted. In WA, for instance, Ms Wynne’s death was not initially referred to the Coroner — her inquest is later this year. https://www.theguardian.com/australia-news/2019/jun/10/family-of-aboriginal-woman-who-died-while-handcuffed-say-lack-of-answers-adds-to-grief
#RCIADIC30years recommended every death in custody be investigated 'as a homicide'. Most policies now require this — anecdotally, it’s not done. We see presumptions of overdoses, comorbidities and suicide — and a lack of vision for what culpability looks like when these occur.
A Coroner determines the cause of death (the medical reason someone died) and the manner of death (the circumstances in which someone died). They can also issue recommendations that could prevent similar future deaths, and refer to prosecutors and professional bodies.
An inquest has many people represented before it — usually state parties, private orgs, individuals and one or two family parties.
Families are quickly outnumbered and out-resourced, by institutions who commonly appear before Coroners and who sometimes do the investigations that inform them. Before an inquest can happen, there’s an investigation which results in a brief. The investigation is done by police.
RCIADIC recommended every death in custody be investigated as a homicide. Some policies explicitly require this, but we still see the presumption of overdoses, comorbidities and suicide — and a lack of vision for what accountability and justice looks like when these happen.
In some states and territories, as we’ve seen in the last year, prosecutors initiate charges independent of the coronial process. Other times, families and other parties use inquests to try and secure a Coroner’s referral to prosecutors.
There is no real consensus between states and territories (and sometimes even within them) on whether families can ask for one, whether the referral can be done on the record in Coroner’s findings. This is a fight David Dungay Jr’s family took up. https://www.theguardian.com/australia-news/2019/nov/22/david-dungay-inquest-guards-who-restrained-indigenous-man-before-he-died-wont-be-disciplined
If a matter does find its way to prosecutors, we have little way of knowing what decisions are made and why. When Queensland prosecutors initially declined to prosecute the man who killed Mulrunji Doomadgee, community mobilisation resulted in them giving limited public reasons.
But the family of Aunty Tanya Day last year received only notification that prosecutions weren’t proceeding. @LouiseApryl wrote for the Guardian: ‘We found the process untrustworthy and unable to provide the justice our mother deserved.’ https://www.theguardian.com/commentisfree/2020/sep/03/without-accountability-there-is-no-justice-for-my-mothers-death-in-australian-police-custody
All deaths in custody matters that have made it to a court on criminal charges (in my research so far, and not including those three currently before courts) have resulted in quashed indictments or acquittals.
Some deaths in custody are taken to professional review bodies and boards. We rarely hear what happens there. Sometimes matters go to forums like WorkSafe, like in the death of Mr Ward: https://www.abc.net.au/local/stories/2011/10/05/3333163.htm
(There are going to be a few things I’ve missed in this thread, and some subtleties that I lost on the way to 280 characters. Sing out if there’s anything you have questions over — I’ll do my best to answer them.)
Right now, there are frightening developments in law around these review systems. Officers involved in Wayne Fella Morrison’s death have refused to give evidence, going up to the SA Supreme Court for ‘penalty privilege’. More here: https://lsj.com.au/articles/police-silence-and-aboriginal-deaths-in-custody/ #JusticeForFella
The inquest for Fella resumes next week. Even with the strength of his family (on #BlackfullaTwitter, his sibling @Latoya_Aroha), it is hard to know what is about to happen.
Support them by getting on #JusticeForFella next week and by donating here: https://au.gofundme.com/f/justiceforfella?utm_campaign=p_cp_url&utm_medium=os&utm_source=customer
Support them by getting on #JusticeForFella next week and by donating here: https://au.gofundme.com/f/justiceforfella?utm_campaign=p_cp_url&utm_medium=os&utm_source=customer
Tomorrow, I’ll go over some key criticisms our mob have in these processes.
