ID :
130462
Tue, 06/29/2010 - 21:57
Auther :
Shortlink :
https://oananews.org//node/130462
The shortlink copeid
WA family gets compo for elder`s death
A compensation payment from the West Australian government to the family of an
Aboriginal elder who died of heat stroke in a prison van will help redress the
tragedy, Premier Colin Barnett says.
He was responding to a decision by WA's Director of Public Prosecutions that no
charges would be laid against two security guards over the death of the 46-year-old
elder.
Mr Ward, whose full name cannot be used for cultural reasons, died in the back of
the van on the way from Laverton to Kalgoorlie in the Goldfields region in January
2008.
A broken air conditioner forced Mr Ward to endure temperatures above 50 degrees
Celsius during the four-hour non-stop journey to face a drink driving charge in
court.
Mr Barnett told reporters in Perth on Tuesday that he understood the anguish of the
family and the community on learning that no charges would be laid.
But he said the government had to respect the independence of the DPP Joe McGrath in
finding that no one was criminally negligent.
Mr Barnett said his government had taken on board the recommendations of the WA
coroner and set up superior prisoner transfer procedures and replaced the prison van
fleet.
"That can't redo history and can't overcome the tragedy of the death of Mr Ward," he
said.
"The role of the government now is to try to do what we can to redress the situation
and we do that by a compensation payment and that is being examined now by the
attorney-general."
A $200,000 interim payment has already been made.
On Monday, Attorney-General Christian Porter declined to be drawn on the final
amount but said the family's disappointment at no criminal prosecution would be
taken into account.
He said he was disinclined to making the compensation payment contingent on the
family not taking civil action.
Last year WA Coroner Alastair Hope found the Department of Corrective Services,
security officers Graham Powell and Nina Stokoe and their employer had all
contributed to Mr Ward's death.
Mr McGrath on Monday said police investigators had failed to separate the two
security guards on the day of Mr Ward's death but it could not be determined if the
pair had colluded in their evidence.
WA Deputy Police Commissioner Chris Dawson said it would be inappropriate for police
to comment until the coroner had considered a further review of aspects of the case
requested by the Corruption and Crime Commission.
He said the investigating officer at the scene had asked the two security guard
witnesses to be separated for interviews but that did not happen, though it should
have.
WA's Deaths in Custody Watch Committee says it will seek an independent review by a
retired judge of the DPP's decision not to prosecute and it will hold a protest
rally in coming days.
The Aboriginal Legal Service WA said in a statement that WA had "blood on its hands"
and it would bring the matter to the attention of the United Nations.
Aboriginal elder who died of heat stroke in a prison van will help redress the
tragedy, Premier Colin Barnett says.
He was responding to a decision by WA's Director of Public Prosecutions that no
charges would be laid against two security guards over the death of the 46-year-old
elder.
Mr Ward, whose full name cannot be used for cultural reasons, died in the back of
the van on the way from Laverton to Kalgoorlie in the Goldfields region in January
2008.
A broken air conditioner forced Mr Ward to endure temperatures above 50 degrees
Celsius during the four-hour non-stop journey to face a drink driving charge in
court.
Mr Barnett told reporters in Perth on Tuesday that he understood the anguish of the
family and the community on learning that no charges would be laid.
But he said the government had to respect the independence of the DPP Joe McGrath in
finding that no one was criminally negligent.
Mr Barnett said his government had taken on board the recommendations of the WA
coroner and set up superior prisoner transfer procedures and replaced the prison van
fleet.
"That can't redo history and can't overcome the tragedy of the death of Mr Ward," he
said.
"The role of the government now is to try to do what we can to redress the situation
and we do that by a compensation payment and that is being examined now by the
attorney-general."
A $200,000 interim payment has already been made.
On Monday, Attorney-General Christian Porter declined to be drawn on the final
amount but said the family's disappointment at no criminal prosecution would be
taken into account.
He said he was disinclined to making the compensation payment contingent on the
family not taking civil action.
Last year WA Coroner Alastair Hope found the Department of Corrective Services,
security officers Graham Powell and Nina Stokoe and their employer had all
contributed to Mr Ward's death.
Mr McGrath on Monday said police investigators had failed to separate the two
security guards on the day of Mr Ward's death but it could not be determined if the
pair had colluded in their evidence.
WA Deputy Police Commissioner Chris Dawson said it would be inappropriate for police
to comment until the coroner had considered a further review of aspects of the case
requested by the Corruption and Crime Commission.
He said the investigating officer at the scene had asked the two security guard
witnesses to be separated for interviews but that did not happen, though it should
have.
WA's Deaths in Custody Watch Committee says it will seek an independent review by a
retired judge of the DPP's decision not to prosecute and it will hold a protest
rally in coming days.
The Aboriginal Legal Service WA said in a statement that WA had "blood on its hands"
and it would bring the matter to the attention of the United Nations.
