The following is abridged from a statement issued by the Indigenous Social Justice Association, calling on NSW Labor Premier Bob Carr to re-open the inquest into the February 2004 death of young Aboriginal man Thomas "TJ" Hickey following a police chase.
Recently our premier, Bob Carr, made an authoritarian edict when he became aware of the call to re-open the TJ Hickey inquest.
He stated that there was absolutely no need to re-open the inquest, as there had already been a thorough investigation amounting to some 600 pages of transcripts, innumerable reports, exhibits, etc., and further that all witnesses had given evidence. The sum of all this is that the NSW police are exonerated from any blame in the death of young Hickey.
Strong words, Bob, but only the transcript size is true.
Let us dot point for you what was not produced at the original inquest:
* TJ's pushbike was not produced in court to allow for proper examination. The family have always stated that the wheels had been changed — they are not the original wheels.
* The interim autopsy report was not produced in court to allow a proper examination of its findings. One point raised in this report was that the internal injuries suffered by TJ could only occur by the application of great force to his body prior to impalement.
* No forensic reports of the two police wagons were produced in court. Within weeks both wagons had been cleaned and re-painted.
* No evidence was raised about the presence of the police rescue van and how it was sent away by the attending police prior to the arrival of the ambulance. Two eyewitnesses to these events were not allowed to give their evidence.
* Paul Wilkinson, Redfern Police Aboriginal community liaison officer, was also denied access to give evidence.
* Other eyewitnesses were also denied access to give evidence.
* The state coroner, John Abernethy, stated on several occasions that the evidence of the three police witnesses was unreliable and their evidence had been collusive.
* And by no means last, the amazing decision made by the coroner to allow officer Michael Hollingsworth to not take the stand. His unsworn statements were found by the coroner to be totally unsafe in their legal construction.
And further, there is legal opinion that Hollingsworth, as a serving police officer, should not have been given the opportunity to not give evidence. This also needs to be tested in court.
There are of course, Bob, many finer points of law, but we believe that the above puts to rest your lie that "everything has and was done".
It wasn't. Re-open the TJ Hickey inquest.
[For more information visit , email <ISJA01@bigpond.net.au> or phone Ray on (02) 9318 0947 or 0418 436 572, or Raul on 0403 037 376.]
From Â鶹´«Ã½ Weekly, March 9, 2005.
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