Nona and Ahmat v Barnes [2012] QSC 35

In 2005, the Malu Sara disappeared in the Torres Strait and all five (Torres Strait Islander) people on board died. The inquest into the loss of the vessel identified many individuals responsible for the deficiencies leading to the sinking of the vessel. Two individuals—Mr Chaston and Sergeant Flegg—particularly contributed to the tragedy and were referred by the coroner for disciplinary action. In Queensland, coroners are required to give information to the Director of Public Prosecutions (‘DPP’) if they reasonably suspect that a person has committed an offence. In this case, the coroner concluded that there was no basis on which he should refer information obtained during his investigation to the DPP. The siblings of one of the deceased requested reasons for this conclusion, which the coroner refused to provide. An application to the Supreme Court seeking reasons was also dismissed, the Court holding that the decision of the coroner not to give information to the DPP was not subject to judicial review. This judgment reimagines the decision in light of the Human Rights Act 2019 (Qld) (backdating that Act’s introduction to 2005) so that Torres Strait Islander people’s cultural rights are taken seriously and reasons for the coroner’s decision are to be given. The judgment orders are also translated into the local language of Kala Lagau Ya.