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 ------------------------------------------------------- RecOzNet2 has a page @ http://www.green.net.au/recoznet2 and is archived at http://www.mail-archive.com/ To unsubscribe from this list, mail [EMAIL PROTECTED], and in the body of the message, include the words: unsubscribe announce or click here mailto:[EMAIL PROTECTED]?Body=unsubscribe%20announce This posting is provided to the individual members of this group without permission from the copyright owner for purposes of criticism, comment, scholarship and research under the "fair use" provisions of the Federal copyright laws and it may not be distributed further without permission of the copyright owner, except for "fair use." RecOzNet2 is archived for members @ http://www.mail-archive.com/