Aboriginal Law Bulletin --- "The Muirhead Inquiry (RCIADIC)" [1988] AboriginalLawB 63; (1988) 1(35) Aboriginal Law Bulletin 15

• The Muirhead Inquiry
• New South Wales
• Queensland
• South Australia

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The Muirhead Inquiry

A fifth Commissioner, Mr Daniel O'Day, has been appointed to inquire into deaths in Western Australia. He will begin his inquiries after the completion of Robert Walker's case which is currently being heard in WA by Commissioner Wyville. This is to give Commissioner Muirhead an opportunity to have a more general look at the Royal Commission and to write pending reports.

New South Wales

Commissioner Wootten has completed inquiries into the deaths of Malcolm Smith, Francis Thomas Cooper, Thomas Murray and is currently completing his inquiry into Bruce Thomas Leslie's death. In January 1989 he will begin inquiries into Mark Quayle's death.

Bruce Leslie died in May 1985, after being detained by police outside a pub in Tamworth. He died from brain haemorrhages caused by a fracture to the skull. At issue is how he came by this injury. There was evidence presented before the Commissioner from inmates who were in the police lock-up on the night of Leslie's death that they heard noises consistent with someone being assaulted. This evidence was not heard before the coronial court, as the Tamworth police who investigated his death never interviewed these witnesses. Leslie was detained under the Intoxicated Persons Act 1979 in a semi-conscious state. This brings to issue the propriety of his detention in a police lock-up under legislation which was ostensibly implemented to protect the inebriate's safety.

Mr Cooper, an elderly man who was a chronic alcoholic, was arrested and held in custody subsequent to not appearing in court for a drink-driving charge. He was in hospital and unable to attend court. Whilst in custody he was transferred between Bathurst, Long Bay Gaol and hospital. He died in Prince Henry Hospital. The central issues in this case were: Why was he refused bail; and why had the police not made proper inquiries into his circumstances.

Thomas Murray, 19, died of an overdose of tranquillisers in Berrima prison. He was prescribed tranquillisers for his nervous condition whilst in Long Bay Gaol. His uncertainty about his sexuality, combined with his youth made him particularly vulnerable to attack while in Long Bay. On review it was decided he would be safer at Berrima medium security prison and he was transferred there. Due to greater distance from her home, his mother was no longer able to visit him on weekends as she had done.

The medical prison service sent a nurse to the gaol once or twice a week. Murray did not see a doctor in the 3 months he was there. The nurse arranged for him to have tranquillisers reissued. He was given a week's supply once a week. Shortly after Christmas he took a large number of tranquillisers (more than a week's supply), told a prisoner and went to lie down. The other prisoner thought he would sleep it off and to avoid trouble for Murray did not notify the authorities until he saw that Murray was deeply unconscious. Murray was taken to hospital, where he died.

Queensland

In Queensland to date, 5 cases have been heard before Commissioner Wyville: John Raymond Pilot, the boy from Wujal Wujal, the boy from Aurukun, Charlie Kulla Kulla, and Alister Riversleigh. It is anticipated that Commissioner Wyville will resume hearings in Queensland in late January 1989.

South Australia

Commissioner Muirhead heard Kingsley Dixon and John Highfield's cases.

Commissioner Johnston has heard 9 cases to date: the man from Oodnadatta, the woman from Sudduna, Edward Betts, Keith Karpanys, Gordon Micheal Symonds and Malcolm Bussacotts in South Australia; and the Teatree and Yadoona cases in Northern Territory.

Other cases heard to date include Charlie Michael in Western Australia and Edward Murray in NSW, both before Commissioner Muirhead.