By John Nebauer
BRISBANE — The Criminal Justice Commission released its report on the death in police custody of Daniel Yock on April 5. Yock, who died on November 7, was arrested with another Murri youth in Bereton Street after being tailed by police for some time prior to the arrest.
The report was to consider whether Yock and his companions were acting in a disorderly manner prior to the arrest and whether the arrest was appropriate. In addition, it was to consider whether excessive force had been used during the arrest, and whether Yock's death could be attributed to police negligence.
The officers involved testified that the reason for the arrest was "disorderly behaviour". In particular, they claimed that the youths, who had been sitting in Musgrave Park having a drink, had yelled obscenities at them, and one of the youths had exposed himself.
However, the report concluded from the evidence that it was extremely unlikely that any of the youths exposed themselves, leaving only the question of obscene language. The evidence itself strongly suggested that the language and gestures were directed at the police only and not at any member of the public.
Commissioner Wyvill QC conceded that the abuse was probably a reaction to being followed by police. However, he argued that the decision to arrest was lawful. In the report he stated the youths "were not entitled, in my opinion, to show their resentment in the manner in which they did".
Sam Watson of the Aboriginal Legal Service told Green left Weekly that the police had no legal right to arrest the youths. He said that "the anger was directed at the police only. It was also an understandable reaction. Murri kids are often harassed by the police, particularly in the city malls, where police surveillance has been stepped up with the introduction of the new video cameras. If the police had decided not to follow them, there would have been no problem."
Prior to the commission, a number of West End small business owners had said that the police often picked up Aboriginal youths for no reason at all. One woman said that police sometimes came into her shop to question youths for little reason.
When asked by his superior officer what had happened at Musgrave Park, Constable Harris replied, "We observed a large number of Aboriginals [there were only nine youths present], ah, behaving in a disorderly manner, ah, outside Musgrave Park. Um, these persons were shouting abuse at us. They appeared to have been drinking by the way they were walking and their indicia. They, um, were waving at us and, ah, as I said just being unruly. We, ah, followed these persons ..."
There was no reference to any other behaviour. Perhaps waving at the police is a criminal offence in Queensland.
The report also concluded that there had been no excessive force used in the arrest, despite the evidence of both the youths present and a number of witnesses who live in the area. Sam Watson said, "Wyvill gave weight to the police evidence over that of the youths and the white witnesses. It also ignored the evidence in the autopsy that Daniel had abrasions to the head."
The report concluded that there was insufficient evidence to warrant proceedings against any police officer, and that police had acted properly when arresting Yock.
In particular, Wyvill argued that Yock's death was not due to negligence on the part of the arresting officers. In the report he said that although officers Harris and Domrow could be criticised for not checking his condition in the van, the failure to call an ambulance sooner was not a sufficient cause of death.
The report stated that "because Yock did not die from intoxication, the failure to obtain treatment for that condition, by for example failing to call an ambulance, cannot be said in any relevant sense to be a cause, let alone a substantial cause, of his death".
However, Watson says that the police did fail to exercise due care in the treatment of Yock. "The police procedure manual states that any prisoner whose health is suspect should be given immediate medical care. Again, the report concedes that the patrol van drove around West End for at least 17 minutes before proceeding to the watch-house.
"Witnesses who lived in Bereton Street seemed convinced that Daniel was unwell, as did the boys who were with him. Given the circumstances, an ambulance should have been called immediately. Again, the police evidence was given more weight than that of Daniel's friends or of the witnesses."
In the report Wyvill concluded that although Domrow had given false evidence, there was no reason to conclude that she had deliberately lied.
The establishment media are trying to convince people that the report is not a whitewash. The front page of the Courier Mail headlined: "Police Demand Apology". In addition, the Queensland Police Union had considered legal action against Aborigines who publicly accused police of kicking Daniel when he was arrested.
Union president John O'Gorman said, "It is quite sickening they walked into the commission of inquiry being publicly accused of kicking a man to death".
In addition, a senior police officer told Lionel Fogarty, Daniel's brother, that he should take the result of the report's findings "like a man".
Sam Watson told the Courier Mail that for the police to demand an apology from the Aboriginal community was like "asking the Jews to apologise for Auschwitz".
Lionel Fogarty said his family had been denied justice. "We are never going to give any apology to the police force. We would never apologise for anything that happens in this lawless society."
A national day of action to protest against this miscarriage of justice has been planned for April 20. For details phone the Aboriginal Legal Service on (07) 221 1448.