Olubas, Mariana Yundy --- "News: The Black Hole; Deaths in Custody; Royal Commission Schedule" [1987] AboriginalLawB 55; (1987) 1(29) Aboriginal Law Bulletin 2

• News
• The Black Hole
• Deaths In Custody
• Royal Commission Schedule

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News

by Mariana (Yundy) Olubas

The Black Hole

In the wake of much publicity concerning black deaths in custody, the Queensland Minister for Corrective Services, Mr Neal, has announced plans to re-open "the Black Hole" in Brisbane's Boggo Road jail specifically for Aboriginal protestors arrested during Expo '88. These cells were closed in 1984 due to public pressure as they have no natural light or ventilation. Whatever the political motivation behind this proposed action - to antagonise Queensland blacks or to take media focus away from the Fitzgerald inquiry - this decision is a particularly racist and stupid one, even for the Queensland government.

The Federal Minister for Justice, Senator Tate, announced that "the Black Hole" of Boggo Road jail would be investigated by the Human Rights and Equal Opportunity Commission. He said the Commission would examine whether the conditions of the cells violate human rights contained in the International Covenant on Civil and Political Rights which Australia is a party to.

Deaths in Custody

Despite the observation in mid-November by Gerry Hand, Minister for Aboriginal Affairs, that the rate of Aboriginal deaths in custody has slowed down recently it has, in fact, accelerated. In the nine days between 12-19 November, four deaths occurred, a significant increase on the previous rate of one death every 11 days.

In a conversation with Mr J. Gavin, Secretary of the Royal Commission, the AboriginalLB was informed that the Royal Commission at present has a list of 70 deaths to be investigated.

Mr Gavin indicated, however, that this list is not complete. Statistics from Queensland were inadequate - only figures from 1986-87 were made available to the Royal Commission. This is apparently due to the Queensland government's "non-racist" policy of not identifying prisoners by race. Hence there are no figures for the 1980-86 period. In an interview with the Sydney Morning Herald, Mr Bob Bellear, Senior Counsel to the Royal Commission, estimated that the actual number of Queensland deaths in custody to be investigated is likely to be at least 30.

Gerry Hand has suggested that action by the States could have prevented some of the recent black deaths in custody. He has criticised the States for their failure to consult Aboriginal legal services about revised procedures and practices for holding Aboriginal prisoners, and their consequent failure to implement them.

In other news from the Royal Commission:

• Two Aboriginal groups, the National Aboriginal and Islander Legal Services Secretariat (NAILSS) and the Committee to Defend Black Rights (CDBR) have been granted the right to appear before the Royal Commission wherever it sits and to cross-examine witnesses. These groups have also applied for permission to act as independent monitors of the inquiry.

• Relatives of the victims met at Richmond recently and placed a list of demands before the Royal Commission. Included was a demand that the inquiry should not be restricted by any time limit. They also insisted that the Federal government should lay charges against any prison or police officer, as recommended by the Royal Commission. They also demanded protection for all witnesses appearing before the inquiry.

It is interesting to note that the NSW State government has ordered an immediate inquiry into the bashing of one white prisoner at Long Bay jail whereas it has taken numerous black deaths in custody to prompt similar action. Is this what Paul Coe is referring to when he talks about "institutionalised racism"?

Royal Commission Schedule

Preliminary timetable of the Royal Commission's planned movement across Australia and some of the cases it will be investigating:

Canberra - 14 December 1987

This hearing will focus on:

• issues of law
• applications for leave to appear
• provision of State Government files on deaths in custody

Adelaide - 27 January 1988

• Kingsley Richard Dixon (died 9 July 1987)
• John Highfold (died 4 January 1983)
• Keith Karpenny (died 1983)

Sydney - 29 February 1988 - and a visit to Wee Waa

Eddie Murray (died 12 June 1981)

New South Wales

• * Mark Anthony Quayle (died 24 June 1987)

or;

• * Lloyd James Boney (died 6 August 1987)

  * dependent on the completion of inquests.

The Commission will then move to Western Australia, where it plans to begin hearings early in May. It intends to return to South Australia and New South Wales at a later date.