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Torture claims over Aboriginal custody death

14 February 2008 - The World Today - Reporter: David Weber

ELEANOR HALL: In Western Australia, the Deaths in Custody Watch Committee has accused police of putting the leader of an Indigenous community in conditions akin to torture.

The former Warburton elder, Ian Ward, collapsed and died in the back of a prisoner transport van last month, while the temperature outside was 43 degrees.

The Government had been warned that its prisoner transport vans were below standard, with frequent breakdowns in the air conditioning systems.

At a meeting in Perth last night, the Deaths in Custody Watch Committee vowed to campaign for an immediate end to the use of the vehicles.

In Perth, David Weber reports.

DAVID WEBER: Ian Ward was being driven between Laverton and Kalgoorlie, a distance of more than 350 kilometres. It’s believed he was locked up in the van for at least four hours.

Mr Ward’s wife and children in Warburton are still grieving, as family representative, Cathryn Coomer, explains.

CATHRYN COOMER: This grieving is so painful where they just shut down on everything, you know, don’t want to communicate or anything with nobody. And until the justice is coming through from these government bodies, they feel that injustice is within the system.

DAVID WEBER: The inspector of custodial services had expressed concerns about the capacity of the vehicles to transport prisoners safely. The Deaths in Custody Watch Committee says these warnings mean the death was preventable.

The committee’s Marc Newhouse has described the hot conditions in the vans as akin to torture. Mr Newhouse denies that using the word "torture" is too strong.

MARC NEWHOUSE: No, it’s not too strong at all. If you look at the Convention Against Torture and Other Degrading Treatment, this clearly falls within those definitions.

From this meeting, a whole range of concerns have been expressed, and we’ve got clear directions. But the main … the key thing was that came out of it was that those vehicles should stop using them immediately.

DAVID WEBER: The Corrective Services Minister Margaret Quirk says she’ll do her utmost to ensure there’s not another prisoner death in a transport van.

MARGARET QUIRK: I’ve certainly asked the department to canvass whether we have a range of vehicles available to us so that that gives us more flexibility and greater reliability. But I will be reporting to Parliament on this matter next … or week after next.

DAVID WEBER: Do you agree there’s some urgency with getting the fleet replaced?

MARGARET QUIRK: I think the public needs assurances that prisoner transport is done in the most humane way possible, and that it is done in a reliable fashion. So clearly, I need to be able to give those assurances and give them soon.

DAVID WEBER: Why haven’t the vans been replaced? There’s been recommendations from groups like the ALS (Aboriginal Legal Service) for some years that these vans are just too old and the air-conditioning is not working.

MARGARET QUIRK: There are 41 vans in the fleet and there is an ongoing schedule which is already been budgeted for, for replacements. And there have already been replacements.

What we’re looking at is whether the ones that still need to be replaced can be replaced much more quickly than the existing schedule.

DAVID WEBER: Margaret Quirk says it’s yet to be determined whether a lack of air conditioning caused Ian Ward’s death. The Minister also says the terms of the contract with the prisoner transport provider are being reviewed.

ELEANOR HALL: David Weber in Perth.

Source: ABC

Further information: respected Aboriginal elder Mr Ian Ward - death in custody

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