Death in custody, number unknown

by Ray Jackson, President, Indigenous Social Justice Association it is with an ongoing sense of horror and disbelief that thanks to ms. pc i have been made aware of yet another gaol death of a young Aboriginal man in Borallon Gaol in Queensland on 27 october, 2011. The unnamed young man, from Mt. Isa, was only 25 or 26 (reports differ as to his age) when he was found dead in his gaol cell at 0915 and gaol staff (officers/nurses/a doctor perhaps?) proceeded with CPR until the ambulance arrived and pronounced him deceased at 0952.

The gaol has stated that the death is being treated as 'non-suspicious'. Well, they would say that, wouldn't they? like all deaths in custody the deceased is showcased as to his crime being published in the media and the custodial spin-doctors always shout at us that they are not to blame. This ignorant and uncaring attitude has been displayed for too many years. long before the royal commission into aboriginal deaths in custody enquiry was even a twinkle in anyone's eye.

That is all that is made known in the news report in the courier mail, except that the dic will go to the coroner and the chief inspector of gaols in qld. i assume that the police will be running the investigation. i have looked at the appropriate sites for the chief inspector and it is only the usual mish-mash of 'motherhood statements' and says nothing about any responsibility in dic situations.

A further report that was passed onto me quotes the aboriginal gaol chaplain, the reverend alex gater as believing that "there is at least a whiff of suspicion of negligence on the part of the gaol administrators." nothing more is stated but i would argue that the whiff would most certainly be more of a stench.

My esteemed brother, Sam Watson and the other activists, went into action and have organised both a rally and a letter of demand to the bligh government. O do not have access to that letter.

Over the years those who follow these incidents closely will know that the number of gaol deaths caused by neglect of a health problem, by both gaol officers and gaol health officers attempting to cut costs at every turn,have been increasing significantly through the gaols and police systems not doing their absolute duty of care to those they have under their control. it must be accepted within the custodial systems just what is meant by 'duty of care.'

Royal Commission recommendation 122 states:

The government will ensure that:

a) police services, corrective services and authorities in charge of juvenile justice centres recognize that they owe a legal duty of care to persons in their custody;
b) that the standing instructions to the officers of these authorities specify to each officer involved in the arrest, incarceration or supervision of a person in custody has a legal duty of care to that person, and may be held legally responsible for the death or injury of the person caused or contributed to by a breach of that duty; and
c) that these authorities ensure that such officers are aware of their responsibilities and trained appropriately to meet them, both on recruitment and during their service.

Recommendations 123 and 124 continue to stress the importance involved in their duty of care.

Qhat part of this recommendation do the authorities and their officers not understand? it would surprise no one to know that this recommendation was never accepted by the authorities or their officers nationally and, more importantly, by the custodial unions nationally.

Had this recommendation been accepted, and enforced, then one is left to wonder just how many of those in the custodial system would have lived? back in the mid-90's i clearly remember a conversation with the now commissioner of the nsw gaols, ron woodham, when he was musing on how to stop deaths in his gaols.

I told him then, and believed it then and still do, that if he was to hand over to the court system one of his officers to be charged, found guilty and gaoled, then the number of deaths would decrease because his officers would work by their duty of care.

He laughed and replied that the gaol unions would never accept it. whilst it is argued that these sentiments are already within the commissioner's instructions for both gaol and police officers, they are not enforced.

so, the deaths continue still.

I have one more comment to make to finish this post off.

there is a great need to look more closely at borallon gaol and its operation.

Borallon Gaol is a private gaol and is run by the infamous firm that runs some of our asylum seeker detention centres. serco has a history of putting profit before their duty of care. deaths within the units that they manage are commonplace around the world.

When Mr. Ward was cooked to death by G4s in wa and lost the transport contract no one cheered when it was advised that Serco was going to take over from g4s.

I am against the privatisation of gaols as i am against the privatising of our bank, telstra, airline, etc. but to wish to make profits from peoples being behind razor wire i find deeply disturbing. over the years i have visited private gaols in nsw and victoria and always found them to be wanting.

Not that the government-run gaols are much better but at least 'we own' them and therefore have a responsibility and a duty of care as to what goes on, in our name, within them.

That we mostly ignore our responsibility and duty of care, except for far too few activists, is well known. but that's another story.

The following words come straight from the spin-doctors of serco.

Borallon Correctional Centre
Bringing purpose to prison life (trying to stay alive against all the odds)

Serco took responsibility for the operation of Borallon Correctional Centre in January 2008. It is a 490 bed male, medium and high security prison located near Ipswich, Queensland.

Serco brings a range of strategies specific to the centre’s needs, including programmes to provide:

A facility that contributes to the Queensland Government’s aim of developing safe and secure communities (by locking up more and more inmates. each one being a cash-cow for the company)

A challenging centre that provides a purposeful day for prisoners (structured day meaning work, work, work)

An appropriate, clean and healthy centre ( the inmates are used as labourers to keep it clean and healthy)

A vibrant, productive and profitable vocational training and industries program ( the key words. at least they are being honest)

An extensive education program (mostly in the workshops)

A key differentiator of our winning bid was our capacity to provide a tailored solution addressing the unique needs of the Queensland Government, and the Borallon Centre. ( all care taken but definitely no responsibility or duty of care)

again merely a bunch of motherhood statements. the relative governments fine the private operators for escapes,too many assaults, a death in custody, among other items. serco, as the other private firms do, cut costs by lowering staff numbers and continuing to run the gaol as cheaply as possible. they will be fined x dollars for our unnamed victim and they will continue to make profits for their shareholders. bloody disgusting!!!!

To the family, community and friends of our brother we extend our sincerest sympathies and know that he now walks his land in peace.

Department of Corrective Services to investigate death of man, 26, in custody at Borallon Correctional Centre, Ipswich
by: Brooke Baskin
From: The Courier-Mail
October 27, 2011 10:40AM
AUTHORITIES are investigating the death of a 26-year-old prisoner at the Borallon Correctional Centre overnight.

UPDATE 10.45AM: The prisoner's death is now being treated as non-suspicious.

Earlier, a Department of Corrective Services spokesman said the prisoner’s body was found in his cell at 9.15pm.
He said staff performed CPR on the man until ambulance paramedics arrived but he was pronounced deceased at 9.52pm.

The prisoner was serving a four-year sentence for robbery with actual violence.

His full-time discharge date was May 21, 2014.

"All deaths in custody are referred to both the Coroner and the Chief Inspector of Prisons for investigation,’’ the spokesman said.

Ray Jackson
President
Indigenous Social Justice Association