Aboriginal Law Bulletin --- "The Muirhead Inquiry (RCIADIC)" [1988] AboriginalLawB 35; (1988) 1(33) Aboriginal Law Bulletin 2

• The Muirhead Inquiry
• Harassment Of Family Members And Witnesses

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The Muirhead Inquiry

The Royal Commission into Aboriginal Deaths in Custody is one year old. Since its announcement on 11 August 1987 the AboriginalLB is awareof twelve Aboriginal deaths in custody. Consistent with patterns for Aboriginal deaths in custody, eight of the twelve who have died are men under the age of thirty. Alargenumberof Aborigines who die in custody are arrested for minor street offences and die within hours of their detention in police lock-ups. Despite this well-known fact, the Summary Offences Acthas been reintroduced by the Greiner government in NSW, creating further opportunities for Aborigines to be detained.

InMay this year three additional commissioners were appointed. These commissioners will operate separate fact finding missions, with Mr Muirhead QC maintaining responsibility for the final report. All four Commissioners are non-Aboriginal, despite calls by the Committee to Defend Black Rights for a majority of Aboriginal Commissioners. Mr Wootten QC is investigating deaths in NSW, Victoria and Tasmania. Hehas completed hearing evidence into the death of Malcolm Smith in NSW and is scheduled to hear evidence re Francis Coopees death next. Mr L F Wyvill QC is investigating deaths in Queensland. He has completed hearing evidence into Raymond Pilot's case and on August 22 will resume hearing evidence into the death of the man who died in Aurukun. Mr Johnson QC is investigating deaths in South Australia and at the time of writing is hearing evidence on Keith Karpany's death. Mr Muirhead QC will investigate the West Australian deaths. To date he has completed hearing evidence on the death of Kingsley Dixon (SA); Eddie Murray (NSW); Michael Highfold (WA); and Charlie Michaels (WA) and is in recess to write up the reports.

There are no apparent guidelines for consistency between the Commissioners. This is most acutely illustrated by Commissioner Muirhead's calls for greater Aboriginal participation whilst Commissioner Wyvill denied standing to appear before the Commission to all Aboriginal parties except the families. The CDBR and National Aborigina and Islander Legal Services Secretariat both have the right to appear before Commissioners Muirhead and Johnson, and limited standing before Commissioner Wootten.

Harassment of family members and witnesses

In the week prior to the AboriginalLB going to print, five relatives of those who have died in custody have allegedly been harrassed by state custodians.

• Rodney Murray (brother of Eddie Murray who died in Wee Was Police cells in June 1981) was arrested in Penrith on 5 August. He is currently in Prince Alfred Hospital with a ruptured kidney, lacerations to his left leg and above his eye, and serious bruising and injury to his wrists. It is alleged that these injuries were caused by his bashing at the hands of police.

• Frank, Les and Rick Walker (brothers of Robert Walker who died in Freemantle Prison in WA in August 1984) were arrested in Port Adelaide on 4 August on charges including "disorderly walking". It is alleged that, after being placed in separate police wagons, they were kicked, punched and beaten, particularly in the face, by police.

• Leo Harradine (brother-in-law of Kingsley Dixon who died in Adelaide Prison in July 1987) while in custody in Yatala prison in SA, was allegedly threatened and beaten on 31 July. It is alleged that after he asked for a glass of water, he was stripped naked, doused with icy water, hogtied with three sets of handcuffs and put in the 'freezer' by the chief warder and six prison officers. He was allegedly taunted and abused. When being moved to theSolitary and Discipline Section he was allegedly taken on a 'terror ride' where the bashings and abuse continued. When he asked for medical treatment for his injuries, the prison warders sent a vet. Mrs Alice Dixon, SA Co-ordinator of CDBR and motherof Kingsley Dixon has stated: "The so-called 'criminal justice system' of this country will not let our dead rest. First they took the life of my young son, now I live in tenor that any moment I will hear my son-in-law is dead too".

All Aboriginal organizations involved in the Royal Commission have emphasised that the provision of protection for witnesses is fundamental to the success of the Commission.

The Royal Commission office commented that the protection they could provide was limited by the provisions of the Federal Act (ss6(l),(m) and (n)) and that much of the harassment of family members was part of the everyday reality of Aboriginal people in racist Australia. The instructing solicitor of the NSW Royal Commission office said that there is a toll-free number in Canberra through which incidents of harassment could be reported. Complaints will be examined by the Royal Commission office and passed on to the Federal Police for investigation. The toll-free number is (008) 02 6374. Mr McKenzie also stated that special arrangements could be negotiated by individual families with the relevant commissioner.