Editor, West Australian: I respond to your report ‘Frustrated DPP sees flaws in quality of police probe’ 29 June 2010, p7.
I have read Coroner Alastair Hope’s report on Aborigine elder Mr Ward’s death in custody, in the back of a prison transfer van, which includes his recommendations. In the report the coroner found that every level of authority from the Minister for Corrective Services Margaret Quirk, right down to the two drivers, in the coroner’s words “failed in their duty of care”.
It’s important for the public to appreciate that, unfortunately, the police investigation of the matter did upset the coroner: that is, the two drivers were not kept separate before being interviewed…but that’s only one of a number of aspects the coroner was concerned about.
The DPP’s Mr Joe McGrath was right in his decision not to prosecute because he is in the best position to make decisions with all the information concerning whether charges should be laid in regard to Mr Ward’s death in custody.
On the other hand, Leader of the Opposition Mr Eric Ripper was wrong to suggest: “If I had been the DPP I would have wanted these matters tested (in court) in the interest of Aboriginal people feeling included in our society and afforded access to justice.” As part-Aborigine myself, I regard such a view as unprincipled and borderline racist. Cases must be decided on their merits. not on the person’s race.
I call on the Aboriginal Legal Services Chief Executive, Dennis Eggington, to concentrate on the invitation by the Minister for Corrective Services and Attorney General, Mr Porter, on negotiating a good payout for the immediate family of Mr Ward. I don’t think anything can be gained by going to the United Nations when those in authority have accepted responsibility for their lack of duty of care in regard to the avoidable death of Mr Ward.
Mem>Brian G Tennant
Human rights campaigner, member of Civil Liberties Australia and part-Aborigine
I used to work in a printing factory as a printing machinist.
Things used to go wrong on a not so infrequent basis due to oversight or mistake, even negligence. When this happened it was expensive.
In response, sometimes the boss run rampage through the place blaming everything and everyone that moved.
He was always wrong when he did this. Always there was just the one or two individuals who really were to blame.
The bosses error in this regard allowed the guilty to benefit from the blurred liability and responsibility and it also insured the true problems were never really addressed or remedied.
The fact is the mistake was never everyones fault.
I literally hate to think that every level of authority really was to blame for such a needless and cruel death as was Mr Ward’s. That a system and culture in this country could be so wanting.
If it really is every level of authority that was at fault, Australia needs urgently to look hard straight into the very heart of its very soul. For every level of authority to be so wrong, so negligent there must be a poor value system: to put it politely a value system making the farce that Australia is a country about a ‘fair go’. A value system dangerously (fatally) off the rails.
Yes a big cheque for the family – very big.
But we need to look at our value system; money won’t bring back the dead.