By Tracker, January 9, 2013
Patricia Morton-Thomas, the aunt of Kwementyaye Briscoe who died aged 27 in police custody on January 5.
(AAP IMAGE/XAVIER LA CANNA)
NORTHERN TERRITORY: Lawyers for the family of an Aboriginal man who died in police custody last year have condemned the NT’s Director of Public Prosecutions for failing to investigate the death.
Kwementyaye Briscoe died in an Alice Springs watch house on January 4, 2012 after being arrested while intoxicated.
The coronial report into his death found numerous police errors the night he was locked up, stating police care was “completely inadequate and unsatisfactory, and not sufficient to meet his medical needs”.
But the NT DPP has decided it will not investigate potential criminal charges for police officers on duty on the night of Mr Briscoe’s death, Shine Lawyers said in a statement.
On the advice of prominent barrister Greg Barnes, Shine Lawyers wrote to the DPP in December last year, stating potential manslaughter charges could be laid against police officers involved in the death.
But NT DPP Director Richard Coates responded by stating the matter would not be pursued, given the Coroner had not recommended charges.
Head of Shine Lawyers Social Justice Team George Newhouse said in a statement it illustrated flaws in the justice system.
“Despite the considered opinion of a prominent barrister, clear evidence of gross violations of duty of care leading to Mr Briscoe’s death, and an outpouring of public calls for action by the NT DPP; the DPP has not even given the family of Mr Briscoe the courtesy of an investigation into the culpability of those police officers involved in Kwementyaye’s death.”
“Relying on the findings of the Coroner is not good enough. The Coroner did not consider charges of manslaughter or failure to rescue in his determination; the family believe that these charges should be investigated further by the DPP”.
Mr Briscoe’s aunt Patricia Morton-Thomas said there was strong public support behind the family’s campaign to see charges laid.
“My family has been grieving this tragic death for a year now, calling for charges, and in all that time the prosecutors office haven’t even seriously investigated the issue of criminal liability.”
“We have had an outpouring of support from across Australia, with 31,000 people signing an online petition calling for charges to be laid against police”.