The mother of an Aboriginal man who hanged himself in a police cell at
Wilcannia eight years ago was yesterday awarded $56,000.
Her three sons, who also sued the the NSW Government and the Far West
District Area Health Service, were each awarded $44,800.
Judge Hosking found the Government and the health service were equally
negligent in the death of Mark Anthony Quale, and they will each pay half
the damages plus costs.
Broken Hill District Court was told Mr Quale was taken to the Wilcannia
hospital suffering the _horrors_ [i.e. delirum tremens or alcohol
withdrawal syndrome] on June 24, 1987, after he'd stopped drinking.
He had wandered away from the hospital and the police had kept him in a
cell for the night.
He was found hanging from the door the next morning.
END OF QUOTE
The Royal Commission Into Aboriginal Deaths in Custody investigated the 99
custodial deaths which occurred throughout Australia in the period 1 Jan
1980 to 31 May 1989. Nobody was charged with a criminal offence as a
result of the Royal Commission. I think that this is the first case in
which a court has awarded damages in a civil action relating to the
blatant failure of police and prison staff and authorities to excercise
their duty of care in many of the cases.
David
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David McDonald davidm@aic.act.crime.oz.au
Australian Institute of Criminology Phone: +61 6 274 0231
GPO Box 2944 Facsimile: +61 6 274 0201
CANBERRA ACT 2601 AUSTRALIA Home: +61 6 231 8904
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