Mr Ward’s family still denied justice

June 30, 2010
Issue 
Photo: Alex Bainbridge.

On July 2, 100 people rallied at St Georges Terrace in response to the Western Australian Director of Public Prosecutions (DPP)’s decision not to lay criminal charges against the two guards involved in the death of Mr Ward.

The emergency action was called by the Deaths in Custody Watch Committee and was addressed by Marianne Mackay and Marc Newhouse from DICWC.

Some wore T-shirts that read: “What Eddie Mabo was to Native Title, let Mr Ward be to the justice system.”

Mr Ward, a respected Aboriginal elder, was literally cooked to death in the back of a prisoner van while being driven 360 kilometres from Laverton to Kalgoorlie to face court for a traffic offence.

The coroner found Temperatures inside the van reached 47° Celsius and that metal surfaces in the van would have reached 56°C.

Mr Ward was being transported by private company G4S. In the words of the coroner, he “suffered a terrible death, which was wholly unnecessary and avoidable”.

The DPP has decided no criminal charges will be laid against any party responsible for Mr Ward’s death.

Mackay told the protest: "There is no evidence [to lay charges] because this is a black man. That's why there is no evidence.”

In response to the public outrage at the DPP’s decision, DICWC is joining with Mr Ward’s family to demand:

* the coronial inquest into Mr Ward's death be re-opened;
* an independent review of the DPP decision not to bring criminal charges be conducted;
* the evidence and advice the DPP used to make the decision that no criminal charges be laid be tabled in parliament;
* the transportation of detained persons be returned to the Department of Corrective Services and the G4S contract ended;
* there be independent and effective investigation of any future deaths in custody;
* new criminal offences of corporate and custodial manslaughter be introduced into legislation to ensure that parties responsible for any similar deaths in custody in the future cannot escape being held criminally responsible;
* there be an independent public inquiry into institutionalised racism in the WA criminal justice system.

The next rally for justice for Mr Ward will be on Sunday, July 11, 1pm, at the Supreme Court Gardens, cnr Barrack St & St George’s Tce, Perth.

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