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[1988] AboriginalLawB 19
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Aboriginal Law Bulletin --- "The Muirhead Inquiry (RCIADIC)" [1988] AboriginalLawB 19; (1988) 1(31) Aboriginal Law Bulletin 3
The Muirhead Inquiry
The following item continues the AboriginalLB summary of evidence presented at the
Muirhead Royal Commission on Aboriginal Deaths
in Custody.
Kingsley Dixon [died 9 July, 1987]
Previous evidence heard by Royal Commissioner James Muirhead, QC, centered on
allegations of harassment of Kingsley Dixon by prison
officers at Adelaide goal.
([1988] AboriginalLB 2; 1(30)pg2) Recent evidence submitted to the commission cast doubt
upon the deceased's
physical capacity to have tied the noose from which he was
found hanging. The evidence related to the probability of a right-handed
person
having tied the particular knots in the noose (Kingsley was left-handed) and to
Mr Dixon's state of drug intoxication at the
time of death.
Allegations were also made that prisoners who had given evidence at the
Muirhead inquiry were subsequently bashed at Adelaide Remand
Centre. It is
respectfully suggested that the commission needs to fully address the problem of
witness protetion, through the arrangement
of specific provisions for custodial
and community protection of its witnesses.
Aboriginal prisoners at the Yatala Labour Prison made a 'constructive
contribution' to the Adelaide sittings. Details on their submission
- from a
group calling itself the Sansbury Association - were reported in March issue of
Land Rights News. Essentially, the group
recommended that the South Australian
Government make a number of key changes in the operation of the prison system, a
move which
it claimed could prevent potential suicides. On 22 April, the South
Australian Government apparently tabled guidelines for changes
in prison
practices at the Muirhead Royal Commission.
Eddie Murray [died 12 June, 1981]
Within two hours of being detained under the NSW Intoxicated Persons
Act, Eddie Murray was found hanged in the Wee Waa police lock-up. At the
1981 coronial inquest, the coroner's verdict was inconclusive
on whether Eddie
'died at his own hand or the hand of person or persons unknown.'
In evidence before the Royal Commission:
- Members of the Murray family recalled conversations with Eddie in which he
stated that he had been pressured and threatened by Constable
Rodney Fitzgerald.
- Three witnesses declared that Constable Fitzgerald was one of the police
officers who took part in the arrest of Eddie Murray. At
the coronial inquest,
Constable Fitzgerald gave conflicting accounts of his whereabouts on the
afternoon of Eddie's death; this remains
a key issue in the current
inquiry.
- Clarification of the medical evidence was marred by the failing memory of
Dr. Eric Mulvey who conducted the post-mortem examination
on Mr. Murray, and
whose records on consultations with Eddie have mysteriously disappeared.
- The commission received oral and written evidence on incidents of racial
discrimination against Aboriginal people in the town of Wee
Waa.
In other recent matters concerning the Royal
Commission:
- Research by consultant criminologist to the commission, Dr. David Riles,
reveals that a proportionately large majority of Aboriginal
deaths have occurred
in police custody rather than in prison. Dr. Riles indicated that the focus of
attention needs to shift from
the prison scene to police and their management.
The states with the highest rates of deaths in custody proportionate to the
Aboriginal
community are Western and South Australia.
- The Committee to Defend Black Rights has tendered a list of 28 major
concerns to the Royal Commissioner, Mr. James Muirhead, Q.C.,regarding
the
conduct of the inquiry. It has been reported that some of the families of those
who have died in custody are dissatisfied with
the proceedings.
- The National Coalition of Aboriginal Organizations has urged the commission,
when examining the reasons for black deaths in custody,
to consider the effects
of government policies and alleged maladministration of Aboriginal Affairs by
State and Federal government
departments, particularly the Department of
Aboriginal Affairs.
- Sydney Aboriginal activist, Gary Foley has been appointed a consultant to
the inquiry. It is expected that three new commissioners
- Elliott Johnson, Q C,
Hal Wooten, Q C, and a Queensland Q C - will soon be appointed to assist
Commissioner Muirhead. A one year
extension of the final reporting date to the
end of 1989 is likely to be approved by Federal cabinet.
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