ABSTRACT
I sought to interview a regional magistrate who deals regularly with Aboriginal people as they are overrepresented in Australia’s criminal justice system. Magistrate Benn responded right away to my email to the Kalgoorlie courthouse requesting an interview. By chance, Magistrate Benn was hearing a sentencing matter on the morning of the interview. at matter was the last of four that Magistrate Benn had heard over the death of Mr. Ward, an Aboriginal leader and Elder who had spoken nationally and internationally on behalf of his people. Following a driving oense in January 2008, Mr. Ward was taken into custody in Laverton, WA, and later transported in
Introduction 5 Australia’s Legal System 6
Aboriginal People’s Contact with the Criminal Justice System 6 e Interview 7
Conclusion 14 References 14
the back of a prison van 400 kilometers in sweltering heat to Kalgoorlie. At no time during the trip did the two custodial ocers assess Mr. Ward’s welfare. ey were unaware that the air conditioning unit had failed in the van’s pod where Ward was locked. e air temperature inside the pod reached over 47°C (116°F); metal surfaces were 56°C (132°F). Mr. Ward died of heat stroke in Kalgoorlie hospital shortly aer being admitted. He also had suffered burns to his abdomen from contact with the metal surface. WorkSafe Western Australia, a state government agency, prosecuted the Western Australian state government (ned A$285,000), G4S the privately owned prison transport company (ned A$285,000), and the two custodial ocers: Graham Powell (ned A$9,000) and Nina Stokoe (ned A$11,000). All parties had eventually pleaded guilty over Mr. Ward’s preventable death.
