Category Archives: Indigenous incarceration

Unsentenced prisoners make up a third of Australia’s prison population as bail refusals boom

Posted on by

Advocates urge overhaul of strict bail laws in Victoria and elsewhere to ensure people aren’t needlessly funnelled into jail

The number of unsentenced people in Australian jails has risen more than 120% over 10 years, to account for more than a third of the total prison population, as human rights advocates urge reforms to ensure people aren’t needlessly funnelled into the criminal justice system.

More than 15,000 prisoners, or about 35% of the nation’s prison population, were unsentenced – awaiting trial, sentencing or deportation – in 2021. In 2011, when there were 6,723 unsentenced prisoners, that cohort accounted for less than 25% of the prison population.

Sign up for Guardian Australia’s free morning and afternoon email newsletters for your daily news roundup

Continue reading...

‘Complete, unmitigated disaster’: inquest into Veronica Nelson’s death urges overhaul of ‘discriminatory’ Victorian bail laws

Posted on by

Coroner refers prison health contractor to Director of Public Prosecutions over death in custody

A Victorian coroner has declared the state’s controversial bail laws discriminatory and a “complete, unmitigated disaster”, using landmark findings into the 2020 death in custody of First Nations woman Veronica Nelson to recommend urgent reforms.

Coroner Simon McGregor on Monday handed down the highly anticipated findings into the death of Nelson, a 37-year-old Gunditjmara, Dja Dja Wurrung, Wiradjuri and Yorta Yorta woman who was in prison after being arrested for shoplifting and refused bail.

Sign up for Guardian Australia’s free morning and afternoon email newsletters for your daily news roundup

Continue reading...

Veronica Nelson’s partner launches lawsuit against Victorian government over death in custody

Posted on by

Percy Lovett alleges a breach of human rights in a civil claim filed in state’s supreme court

Veronica Nelson’s long-term partner has launched a wrongful death lawsuit against the state of Victoria and four others, alleging her death in custody breached human rights.

The Indigenous woman, 37, was found dead in her cell at Dame Phyllis Frost Centre in January 2020 after making repeated calls for help, an inquest has heard.

Continue reading...

Advocates call for urgent action after two ‘incredibly tragic’ Aboriginal deaths in custody

Posted on by

Linda Burney says rates of Indigenous incarceration and deaths in custody 30 years after royal commission are a ‘national shame’

Advocates say the “heartbreaking” deaths of two Aboriginal people in custody within days of each other in Western Australia over Christmas should jolt state and federal governments into urgent action.

A 41-year-old First Nations woman died in a Perth hospital on Christmas Eve after suffering a “medical episode” in Wandoo rehabilitation prison 13 days earlier.

Continue reading...

Zachary Rolfe ‘humiliated’ Indigenous teen in violent arrest before Walker shooting, inquest told

Posted on by

Video from Rolfe’s body-worn camera shows him approach wheelie bin with 14-year-old hiding inside before slamming lid and pulling bin to ground

The Northern Territory police officer who shot and killed Kumanjayi Walker was involved in an earlier arrest of another Indigenous youth that was allegedly violent and humiliating, an inquest has been told.

The inquiry into the death of 19-year-old Walker – who was shot during a bungled arrest in Yuendumu in 2019 – was played a video on Tuesday of Const Zachary Rolfe detaining a 14-year-old boy in 2018.

Sign up for our free morning and afternoon email newsletters from Guardian Australia for your daily news roundup

Continue reading...

Uncle Jack Charles: First Nations elder and storyteller farewelled at state funeral in Melbourne

Posted on by

Film-maker Amiel Courtin-Wilson says Uncle Jack ‘gave people space to be themselves … in a way that afforded them unique dignity’

A crowd waving Aboriginal flags has lined St Kilda Road in Melbourne to send off Indigenous elder and storyteller Uncle Jack Charles after his state funeral.

The actor, musician, activist and member of the stolen generations died at Royal Melbourne hospital on 13 September after suffering a stroke. He was 79.

Continue reading...

Northern Territory moves to raise age of criminal responsibility from 10 to 12

Posted on by

Government says authorities will refer children under 12 and their families to parenting and behavioural change programs to break the cycle of offending

The Northern Territory government is seeking to raise the age of criminal responsibility from 10 years old to 12 years old.

The Labor government introduced the legislation to parliament on Thursday, saying authorities would now refer children under the age of 12 and their families to intensive parenting and behavioural change programs to break the cycle of offending.

Sign up to receive an email with the top stories from Guardian Australia every morning

Continue reading...

Indigenous man’s death in Victorian custody the second in a month

Posted on by

Family of 38-year-old Gunditjmara and Wiradjuri man Clinton Austin say he was let down by police and justice systems

An Aboriginal prisoner in central Victoria has become the second Indigenous person to die in custody in the state in a matter of weeks.

Clinton Austin, a 38-year-old Gunditjmara and Wiradjuri man, died at Loddon prison near Castlemaine in Victoria on Sunday. Austin’s family has said they are devastated by his death.

Sign up to receive an email with the top stories from Guardian Australia every morning

Continue reading...

Indigenous death in NSW jail from ear infection ‘the result of systemic failures’: coroner

Posted on by

Douglas ‘Mootijah’ Shillingsworth’s ear problems would have been picked up by proper procedures, coroner Joan Baptie finds

The death of an Aboriginal man from an ear infection while in custody was preventable and due to failures in the New South Wales justice system, a coroner has found.

Douglas “Mootijah” Shillingsworth, a Budjiti and Murrawarri man, died of a middle ear infection, known as otitis media, at the age of 44 on 15 February 2018 while incarcerated at the Silverwater prison in Sydney.

Continue reading...

Indigenous woman’s screams for help before her death were ‘excruciating’, fellow inmate tells inquest

Posted on by

Veronica Nelson died in a Melbourne jail in early 2020 and a woman who was in a nearby cell has told an inquest authorities ‘let her die’

Prison staff allegedly left Indigenous woman Veronica Nelson to die in her cell after she screamed for help for hours, a former inmate has told an inquest.

Aboriginal woman Kylie Bastin was in a cell close to Nelson’s at Melbourne’s Dame Phyllis Frost Centre on the evening of 1 January 2020.

Continue reading...

WA coroner says police failed to monitor breathing of Aboriginal woman pinned to the ground

Posted on by

It was ‘incomprehensible’ that a police internal investigation into Cherdeena Wynne’s restraint found it was in line with policy and procedures, coroner finds

A Western Australian coroner has criticised police offices for their “woefully inadequate” monitoring of an Aboriginal woman’s breathing after she was pinned to the ground and lost consciousness before being allowed to sit up.

Cherdeena Wynne, a 26-year-old Noongar Yamatji woman, died in hospital five days after she was pinned in a prone position by police officers, one of whom had his knee on her shoulder blades and leg across her upper back for almost two minutes.

Sign up to receive an email with the top stories from Guardian Australia every morning

Continue reading...

Veronica Nelson made repeated calls for help before her death in custody, inquest hears

Posted on by

Melbourne coroner’s court hears audio of the 37-year-old Yorta Yorta woman screaming in pain in her prison cell

Yorta Yorta woman Veronica Marie Nelson made repeated calls for assistance in the hours before she was found dead in a maximum security prison cell, a coronial inquest has heard.

The 37-year-old, who also has Gunditjmara, Dja Dja Wurrung and Wiradjuri heritage, died at the Dame Phyllis Frost Centre on 2 January 2020, four days after being arrested because she had failed to attend a sentencing hearing for a shoplifting offence.

Sign up to receive an email with the top stories from Guardian Australia every morning

Continue reading...

Decriminalisation of public drunkenness delayed by Victorian government

Posted on by

Victorian Aboriginal Legal Service ‘disappointed’ that official repeal will not occur in November

Victoria will delay repealing public drunkenness as a crime, in a move that has triggered the state’s Indigenous legal service to urge the state government to prioritise the “overdue reform”.

The offence was to be officially repealed in November, but Guardian Australia understands the decriminalisation of public drunkenness may not take effect until 2023 – more than five years after the death of 55-year-old Yorta Yorta woman Tanya Day.

Sign up to receive an email with the top stories from Guardian Australia every morning

Continue reading...

David Dungay’s death in custody to be taken to UN human rights committee

Posted on by

International lawyer Geoffrey Robertson to argue Australia failed to protect Dungay’s right to life and denied family justice for his 2015 death in Long Bay jail

International human rights lawyer Geoffrey Robertson will take the case of the death in custody of David Dungay to the United Nations, arguing that Australia violated his human rights and those of his family by denying them justice and accountability for his 2015 death in prison custody.

Robertson’s London-based Doughty Street Chambers will lodge the complaint on behalf of the Dungay family at the UN human rights committee in Geneva. In it they will say that Australia has failed to protect his right to life and failed to undertake investigations into anyone or any organisation responsible for his death.

Continue reading...

Australia news live: NSW Aboriginal deaths in custody inquiry recommends sweeping reforms; dance squad blasts ABC over navy twerking coverage

Posted on by

NSW MPs call for end to police investigating themselves on 30th anniversary of royal commission; Queensland eases Covid restrictions; fashion designer Carla Zampatti farewelled in Sydney. Follow updates live

Scott Morrison is speaking now.

Now that unemployment has hit 5.6%, the treasurer Josh Frydenberg has signalled he will revisit the budget strategy - which is that the Morrison government won’t tighten fiscal policy until unemployment is “comfortably within” 6%.

Frydenberg told reporters in Canberra that 5.6% was not “comfortably within” 6% and that now is “not the time for austerity”.

Continue reading...

The WA cops rounding up Indigenous kids: a ‘toxic and racist environment’

Posted on by

The police stories: Two former Western Australian and NSW officers speak out about what they saw during their time in uniform

One of the worst moments of Jim Taylor’s eight-year career as a Western Australian police officer was the day he strip-searched a 10-year-old Aboriginal boy.

Taylor, now 44, was working in Perth in the Juvenile Aid Group, or “Jag”. He says he was driving around the city’s central business district with his senior sergeant and two other officers when they came across a group of four young Aboriginal kids. They rounded them up and took them back to the station.

Continue reading...

Human Rights Watch warns US Capitol attack should be ‘wake-up call’ for Australia

Posted on by

Global group urges the Morrison government to be vigilant about the growth of far-right extremism here

The Morrison government has been urged to treat the deadly mob assault on the US Capitol as “a wake-up call”, with a leading human rights organisation saying Australian security agencies must counter the growth of rightwing extremism.

Human Rights Watch published its annual global report on human rights abuses on Wednesday evening, calling on US allies such as Australia to work with the incoming Joe Biden administration to “shore up a global defence of human rights”.

Continue reading...

‘I fell asleep at the wheel’: my life changed the day my partner died | Rhonda Davis

Posted on by

Mat was killed when the car rolled on our way home from a party. I was jailed for five years

My name is Rhonda Davis. I’m a 38-year-old Kamillaroi woman with four children.

In September 2013, I found myself for the first time involved in the criminal justice system.

Continue reading...

Victorian coroner changes how Indigenous deaths in custody are investigated

Posted on by

Aboriginal legal services say they don’t have enough funding to meet the new commitments

The coroner’s court of Victoria has changed the way it investigates Indigenous deaths in custody to reflect recommendations made in a royal commission almost 30 years ago, but Aboriginal legal services say they don’t have enough funding to meet the court’s new commitments.

The Victorian state coroner, judge John Cain, issued a practice direction on Tuesday outlining new standards for investigating Indigenous deaths in custody. It includes a requirement that the coroner attend the scene of death where practicable, instead of relying on the report of the police officer conducting the investigation.

Continue reading...

Labor senator reads out names of Indigenous deaths in custody – video

Posted on by

In a powerful statement to the Senate, Malarndirri McCarthy has read out the names of First Nations people who have died in custody, citing Guardian Australia's Deaths inside project.

Continue reading...