Forwarded for

DEATHS IN CUSTODY WATCH COMMITTEE (WA) Inc.
119 Mathieson Rd
 Ascot WA 6104

Tel:    61 (0)8 9277-1533
Fax:    61 (0)8 9478-4204

E-mail: [EMAIL PROTECTED]
URL:    http://www.omen.net.au/~dicwc



Wednesday, 21 July 1999
A Judicial Passing

With the passing of the Honourable James Henry Muirhead, AC, QC,
Australia, and in particular the Indigenous community has lost a
man of the law whom it could trust.  His deliberations and
Judicial care and comment on Aboriginal Traditional Law in the
Northern Territory are well known, but most well known is
perhaps his calm and sensitive work to investigate and mitigate
against the dilemma of Aboriginal deaths in custody during the
days of the Royal Commission In Aboriginal Deaths In Custody.
Our thoughts and commiserations go out to his family, loved
ones, and close colleagues.

The Royal Commission was established on 16th October 1987 when
J. H.  Muirhead, QC (as he then was) was appointed a
Commissioner.  He was appointed in response to concerns in the
community about the number of Aboriginal d
eaths in custody.  He undertook an enormous task with great sensitivity.  As was
stated in the Royal Commission report on Western
Australia “Commissioner Muirhead commenced the first inquiry…Due to the enormity
of the tas
k in Western Australia…”

The Royal Commission as a work initiated by, and in no small part, undertaken by
him – stands.  It stands as a substantial challenge to
governments and the community in general.  The voluminous work may be seen in
its 339
 recommendations, yet to be honestly implemented by governments and their
instrumentalities, and they remain as a testament to his
contributions to Indigenous justice in this post Mabo and Wik era of our nations
history.
The best requiem that can be offered to the memory of James Henry Muirhead is to
implement the recommendations.

“We would all do well to recall Justice Muirhead’s first recommendation in his
interim report, often referred to as the Muirhead Report,
which stated:”

Governments which have not already done so should legislate to enforce the
principle that imprisonment should be utilised only as a
sanction of last resort.

“We all know that this has never been the intent, ethos, or deed of any
government of this State since this recommendation was made.
We mourn your passing” said Glenn Shaw the Chairperson of the Watch Committee.

Media Contact:
Glenn Shaw
08 9265-6960


Kath Mallott
08 9277-1533

On behalf of the Committee...DICWC - http://www.omen.net.au/~dicwc

Almost half of the Aboriginal people who died in custody and were investigated
by the Black
Deaths Royal Commission, had been removed from their families as children. This
issue, the
removal of children, will mean the school history books will have to be
rewritten."

Kirsten Garrett, Background Briefing, Sunday, 11 February 1996
http://www.abc.net.au/rn/talks/bbing/bb960211.htm




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