The death of 22-year-old Yamatji woman Julieka Dhu while in police custody earlier this month has led to renewed calls for medical nurses to be stationed at lockups 24/7 and for the implementation of the Custody Notification Service in Western Australia. Ms Dhu was pronounced dead soon after arriving at a health facility after 48 hours in the South Hedland Police lockup. She had been complaining of being ill right throughout her detainment, had been vomiting and there were visible injuries.
Her 39-year-old boyfriend, Yamatji Dion Ruffin had been in the lockup with her, both surprisingly held in custody for unpaid fines and possibly for a disorderly. Family on both sides, of the boyfriend and of Ms Dhu, are angry and distraught.
According to Mr Ruffin, his girlfriend should be alive today. He said police have a burden to carry with the death of Ms Dhu.
Mr Ruffin said Ms Dhu suffered and was complaining of pain, at times on her knees begging for medical help. Ms Dhu and Mr Ruffin had been arrested on Saturday August, 2. Police took her to Hedland Health campus twice before the third and final time on the Monday, where she was examined. Police were given ‘medical clearances’ that she was fit to remain in custody by the Hedland Health campus.
Mr Ruffin said that Ms Dhu had died unnecessarily and was failed by both the police and the health systems. Family on both sides have said the same. Grandparents, uncles, aunts and cousins from Perth, Geraldton and Hedland who I have spoken with have said Ms Dhu should have been hospitalised “but because she is an Aboriginal woman the racism in the systems treated Julieka as lesser than others.”
Mr Ruffin said that despite vomiting since her arrest, despite obvious fever and what appeared to be her physical and mental deterioration somehow she was cleared twice at the Hedland Health campus. There remain questions as to whether a doctor actually examined Ms Dhu at the Health campus.
Aside the infection to the leg, the vomiting, and alleged visible signs of injuries, Ms Dhu may have sustained a head injury, probably from a fall in her cell.
Around midday on Monday, August 4, Ms Dhu was taken in what Mr Ruffin describes as a near catatonic state to Hedland Health campus, where she was soon after pronounced dead. The exact time of her passing is still unclear.
Mr Ruffin said that Ms Dhu had been dismissed by police “as a basket case, someone who they thought was a druggie.”
Mr Ruffin said to The Australian’s Michael McKenna, “She had been on her knees begging for help.”
“She had a blood blister the day before we were arrested.”
“We popped the blister with a sterile pin but then she woke feeling sick.”
“She had two old fractured ribs,” said Mr Ruffin to Mr McKenna.
“We begged for hours for the police to take her to hospital. She was in pain and vomiting, getting worse and worse.”
“It got worse, she could not move her legs and she was slurring.”
“She begged for help to the end.”
Ms Dhu was to be released on the Tuesday but this was never to be.
“On the Monday she was hysterical, she was saying she felt like she was dying,” said Mr Ruffin.
Mr Ruffin could not see in her cell “but Julieka said she was on the floor and when the cops finally took her to hospital they were laughing and saying she was acting.”
“I heard one of them say ‘get up’ but she couldn’t and she was begging for help to get up.”
“I heard a big thud and then silence.”
“I saw her being dragged out of the cell by her arms, her chin was on her chest. I cried out to her.”
It makes little sense why police would manhandle Ms Dhu instead of ambulance officers and the obvious duty of care.
Hedland is in the Pilbara, where Roebourne also lies. Three decades ago, 16-year-old John Pat died at the hands of inebriated racist police officers. On that day, Roebourne became to Western Australia what Birmingham had been to Alabama two decades earlier. His death was one of many that led to the Royal Commission into Aboriginal Deaths in Custody. 339 recommendations followed, but most of them to this day are yet to be implemented.
An uncle of Ms Dhu, Shauny Harris, said that some of those recommendations could have saved Ms Dhu’s life.
The Stringer spoke to Mr Harris.
“She should not have been incarcerated for unpaid fines.”
“The families are grieving, there is a lot of pain.”
“It is just our lot to be downed by the racism that is out there.”
“For Julieka to be on her knees begging in agony for help, for someone to listen, has brought so much anguish into our families, into anyone that is Aboriginal.”
“For someone so young to be lost is so much pain for the family.”
An auntie for Mr Ruffin, Yamatji Elder, Joyce Capewell, a former Aboriginal Visitors Scheme worker, said to The Stringer that “he is devastated”.
“He cannot believe what happened in the lockup.”
“He cannot believe how much they had to beg.”
“Our people hurt, the racism just continues.”
Western Australia has a diabolical record with deaths in custody. WA has the nation’s highest arrest rates of First Nations people. The WA Government should no longer delay the implementation of the Custody Notification Service. It was a recommendation of the Royal Commission into Aboriginal Deaths in Custody, and only NSW has implemented it. Since its implementation in NSW there has not been a single police lockup death of a First Nations person.
The Custody Notification Service is a 24/7 phone service to the Aboriginal Legal Services. A lawyer is always on call. In NSW, police are required by law to immediately contact the ALS service and allow for the lawyer to speak to the detainee. The lawyer will instruct the police on health and welfare assessments. The service costs only $500,000 per annum in NSW, it will cost no more for Western Australia to run it.
Had Ms Dhu had such an advocate, she may not have been detained on unpaid fines, she may have been hospitalised. Such an advocate would have more than likely ensured a full health examination. Presumptions that may have been made about Ms Dhu while presenting unwell at the hospital in the company of police officers may not have been made had she not been in their company – a stereotypical theme that does pervade, perniciously even among the best of people. A stout advocate could have made all the difference.
Such a service relieves the burden placed on police to make various judgments, in Ms Dhu’s case the decisions may have led to her untimely and unnatural death.
The Custody Notification Service has been in place in NSW since 1998, and in 2005 was enshrined in law under the Powers and Responsibilities Act 2005, so it too must follow enshrined in law in every State and Territory. It is a simple tool for what should be a natural right and for positive ways forward for police, community and most importantly the detainee.
CEO of the Aboriginal Legal Service NSW/ACT said that the Service “is more than a phone line.”
“It is a lifeline.”
“Significantly, there have been no Aboriginal deaths in police custody since the phone line began.”
“Every time our lawyers speak to an Aboriginal person being detained, they check upon the welfare of the person by asking, ‘Are you okay?’”
“Often , people are not okay. Threats of self-harm or suicide are common.”
“Our lawyers are skilled at hearing ideation or real threats of self-harm or suicide.”
But Western Australia lags in implementing in the least what is being done in NSW despite the recent police custodial deaths, such as that of Warburton’s Mr Ward who should never have been carted off from the Kalgoorlie lockup on ‘Australia Day’ 2008 in the back of the G4S prison van in which he was burnt to death. It was both shameful negligence and racism that killed Mr Ward. Then followed the death of the frail Mr Phillips who was burdened by various disablements – he died needlessly in the Kalgoorlie lockup, once again obvious shameful neglect and racism. Weeks earlier the homeless Mr Phillips had been bashed by a gang of youths. And again the police lockup deaths continued with the death of Maureen Mandijarra dying in a Broome cell in 2012 after being detained for drinking in public. Broome police watch house has a deplorable record, only early last year a number of its police officers had to front the Corruption and Crimes Commission public inquiry to respond to questions about two deaths in custody.
A police spokesperson had said that, “On Monday 4 August, the woman again told police she was unwell and she was again conveyed to the Hedland Health Campus where her condition deteriorated and she passed away.”
Acting Police Commissioner Lawrence Panaia said, “In a situation where a detainee who is already in custody shows signs of being seriously injured or ill, WA Police policy requires officers to ensure the detainee is taken to a place for medical treatment, and this should be by ambulance whenever possible.”
WA Country Health Service regional director Ron Wynn had earlier defended the level of care of his health personnel at Hedland Health campus. But he declined to state whether a doctor had examined Ms Dhu.
“We can say that a preliminary review by Hedland Health campus staff has shown on each occasion she received appropriate treatment.”
An autopsy thus far has been unable to determine the cause of death. More tests to follow.
The State Government owes it to its police, to society, and most importantly to detainees that the Custody Notification Service should be implemented immediately. If it does not implement this Service without delay this cannot be regarded as anything less than shameful negligence and an act of racism.
– Declaration of impartiality conflict of interest: Gerry Georgatos is a researcher in custodial systems, racism, premature deaths, unnatural deaths and in suicide prevention.
Previous story: Death in police custody notification service should be implemented nationwide
May Ms Dhu have the peace, respect and love she deserves that was denied her by the government employed police officers
How can Australians help Ms Dhu and her family and friends now?
Ms Dhu’s unnecessary suffering, ignored cries for help and death are dreadful punishable crimes.
We need another black deaths in custody enquiry with changes implemented and police charged and imprisoned.
How can we stop the systemic racism and violence against our people?
Why such little media coverage and public response?
Why no cultural sensitivity for our people in our country?
Why are our people locked up for petty victimless crimes that white people are not?
Australians need to ask themselves ‘if your white (or other ethnic group) daughter was locked up, abused, ignored and killed in this country, what would your response be?’
How can we help?
Racism is alive and well in Western Australia. A white person would not have been locked up, simple. They would not be treated with contempt by police. Time for change.
Mr Georgatos may be a ‘researcher’ but he’s clearly not a trustworthy one. He jumps the gun and cans the cops before the inquest and uncritically quotes the grieving relatives as though distressed non-medically qualified people can make print-worthy judgments about her care. He offers no evidence Ms Dhu was detained illegally-the article suggests it was 100% legal. He also admits the police took this very sick woman 3 times to the hospital. He then pushes his favoured solution in the absence of any evidence it would have made any difference in this case and says the authorities will be racist if they don’t do what he wants.
Damningly the one time I could check out his words he failed dismally. He refers to the death of the ‘frail’ Mr Phillips “died needlessly in the Kalgoorlie lockup, once again obvious shameful neglect and racism.” He clearly didn’t read the coroner’s said. This man died as a result of a seizure brought on by alcohol withdrawal and the internal TV showed police acted promptly and competently (p 30). Most importantly on page 31 the deputy coroner states “the supervision and treatment of Mr Phillips was entirely appropriate”. ( Just type Coronor’s court WA and then got to Inquest Findings 2013. He’s listed as “Phillips Dennis John).
I don’t blame editor for this ill placed misplaced faith in this man. What it must do, however, is put up a recognition this statement was in error. At the very least the editor needs to firmly advise Mr Gorgatos that another gross error like this will get him permanently off their contributor’s list. That’s what honourable newspapers do.
The Stringer stands by Gerry’s article – his reporting, analyses and his reporting in general. Michael, Gerry’s point is that the implementation of the Custody Notification Service could have saved Ms Dhu’s life. His point was that the police would not have needed to take her three times to a health facility within 48 hours but that with CNS advocate she would have been hospitalised. His point was that with a CNS advocate she would not have been detained in the lockup on fines. The CNS in NSW has led to zero deaths in custody of First Nations people in police lockups. Gerry’s reference to Mr Phillips has more to do with why was Mr Phillips detained in the first instance. There was a time in Australia when First Peoples were detained at rates much worse than today. WA and the NT have the nation’s highest arrest and detention rates of First Peoples.
Sometimes courts get it correctly but sometimes they do not.
For example Mr Doomadgee of Palm Island. Multiple investigations showed that his injuries were not accidental and the result of a very harsh treatment consistent with beating (ruptured spleen for example) and that Mr Hurley was responsible.
But Mr Hurley is still a police officer.
Or what about Mr Ward of WA, he broiled to death in the back of a paddy wagon. The police commissioner’s response was ‘cultural training’ for officers involved, as though the biology of the man and the physics of the desert sun could be simplified into some statements made at a conference about first cultures.
List goes on. Ms Dhu didn’t even do anything wrong! Why is anyone in prison for fines?
A month on and this is the first I have heard of this dreadful case of institutionalised racism. Miss Dhu’s crime was not her unpaid fine, but the colour of her skin; a sad indictment on our so-called developed country.
Thank you for reporting this. Keep up the good work.
Sad indictment on our institutions. The police and health authorities involved should be brought to account over this, and if need be, be charged.
Joe M
[Vitriol deleted]
Though his backers somehow missed this point, good-old “Gerry’ DID say Mr Phillips had died “needlessly” in police custody through “obvious shameful neglect and racism.” I can’t see how anyone can deny this.
This very serious claim was 100% wrong and would not have happened if he took the minimum care expected of an investigative journalist.
In fact he is somewhat ill-served by his advocate(s). Gerry did not claim Mr Philips in any way unjustly or needlessly detained. Neither did the coroner, whose important words are clearly unread by Gerry or his defender(s). Not even the unprofessionally dogmatic Gerry said a CNS advocate “would” have got Ms Dhu hospitalized – he said “may”.
[Two sentences deleted]
I conclude with these challenges. Does The Stringer admit Gerry was wrong when he said the Kalgoorlie police were negligent and racist and in any way responsible for Mr Philips death? Is this in keeping with their Editorial Policy? I urge The Stringer to do the honourable thing admit the error and gently encourage the no doubt well-intentioned Gerry to be more careful.
Hi Michael, I respect your views, I do not agree with them. I also do not necessarily agree with many of the findings or views of others including some of those by respected Coroners. I find that many medical and legal findings are often limited. I have different views and findings in the death of John Pat than obviously did the Karratha jury that acquitted the four police officers and the one police aide. I have different views as to whether G4S and Corrective Services should have been prosecuted over the death of Mr Ward. I have different views on the protocols in place that allowed for Mr Ward to be detained at the Kalgoorlie watch house and then for him to be removed for transfer from the lockup into that van. I have different views to many in authority who believe the police were not culpably responsible for his death, nor for Kwementaye’s, nor for so many others. I do understand that police have a tough gig and they deal with so much, I respect this but I am about ways forwards, the implementations of substantial protocols that relieves them of various practices and judgments. Michael, indeed I believe that Mr Phillips should never have been detained, therefore he needlessly died whereas otherwise he may have been within proximity to medical assistance. Michael, indeed I believe that Ms Dhu should never have been detained. Indeed, I know that she should have not been detained and this will unfold. As I understand Ms Dhu committed no offence that should have led to her detainment. Therefore she needlessly died whereas had she not been needlessly been detained she could have been within access of medical attention. Indeed, I believe without any reservation that had Ms Dhu a ‘stout advocate’ she would not have been detained at all and that the advocate would have ensured the full suite of medical assessments she needed and that this may have saved her life. Your points are subjective, fair enough. I accept that you may wish to argue back that some of my points are subjective, fair enough. I respect police and their lot, as I respect all people, and I want to see what many of them want, for changes, for protocols and also for the CNS to be rolled out. The CNS has led to zero deaths over 15 years in NSW of First Peoples, so go figure eh? In the end Michael, yes I do believe there is a long way to go before racism and its pernicious stereotyping are dusted. I do argue there are veils and layers to racism. I do believe there are rogue behaviours because of these veils and layers whether among some police, or in any sphere of influence. I want to see ways forward, not denials. I also do not need anyone to tell me there is no racism. I lived it, and acutely so, as a young person and have dedicated my academic studies and campaigns to addressing it, to move forward from it, not to keep anyone hostage to it. Gerry
Dear Gerry. Thanks for your reply. Please note I have made no opinion on the death of Ms Dhu, beyond it was tragic and I will be very interested to see what the coroner’s say. I believe that is the most intellectually responsible position to take and am troubled you do not take it too. Jumping the gun on coroner’s reports should be for shock jocks.
I do have an opinion about Mr Ward’s death. His death was caused by negligence galore with the (non police/prison officer) the most culpable. I believe this because I read the coroner’s report. Such people have the training, power and expertise to do so. Your comments suggest that you still haven’t read the report on Mr Philip’s. You question the quality of the ‘medical care’. The incident was caught on CCVT and it is clear the police response was rapid and competent. If you read the report you would know Mr Phillips had indeed behaved badly, broken the law and was appropriately detained. While Mr Ward clearly broke the law (drunk driving) I understand his treatment was legally questioning in terms of driving to Kalgoorlie.
If you are going to elevate your opinion above coroner’s then you should at the least let your trusting readers know this.
With respect to the value of a ‘stout advocate’ and Mrs Dhu you need not argue with me as I don’t have an opinion. I will say, however, the evidence such as you gave would never have persuaded say the Policy Research Branch of the Public Service to be as dogmatic as you about it’s effectiveness. (“If you don’t do it you are negligent or racist”). Stringer claims to be written by experts. I don’t think people versed in Social Research Methods would be anywhere near as confident as you on the success/value of your scheme. They would say the results are encouraging and worthy of further replication. PS Are you willing to admit that you did not even read the coroner’s report on Mr Phillips? I find it hard to believe you would have written what you did if you had.
I know for a fact that you don’t get seen by a doctor at hedland health campus being an ex resident of that town! Being indigenous myself and my daughter had severe gastro for 6 weeks got sent home everytime she got worse they deemed her ok because she smiled when they blew bubbles near her even though she lost almost 5 kilos in a month at being 2 years of age! Unless you get fully admitted to the hospital or you have a worker’s compensation you get to see doctors if not you only see med students thats it! Shame on them and shame on WA police! The racism is real and alive in Port Hedland!
WGAR News: Justice for Julieka Campaign: Deaths In Custody Watch Committee WA
https://indymedia.org.au/2015/02/06/wgar-news-justice-for-julieka-campaign-deaths-in-custody-watch-committee-wa
Contents:
* Bulletin: January edition of the Deaths In Custody Watch Committee WA Inc ‘iNSiDE Out’ E-Bulletin
* Campaign: Deaths In Custody Watch Committee WA: Justice for Julieka Campaign
* Petition: Deaths In Custody Watch Committee WA: Petition in relation to the Death in Police Custody of 22 year old Ms Dhu
* News: Amy McQuire, New Matilda: Julieka Dhu’s Family Slams Barnett Govt Over Death In Custody And Town Closures
* News: Human Rights Law Centre: Still no answers for the family of Julieka Dhu
* News: Caitlyn Gribbin, ABC News: Ms Dhu’s family call for urgent inquest into Aboriginal woman’s death in police custody
* Audio: Warren Barnsley and ABC News, NIRS: Calls for answers on Ms Dhu’s death continue six months later [Featuring Ms Dhu’s grandmother, Carol Roe]
* Analysis / Opinion: Gerry Georgatos, The Stringer: Family of Ms Dhu still waiting for answers
* Analysis / Opinion: Nancy Jeffrey, The Daily Telegraph: Statistics that tell us things have to change
* Analysis / Opinion: Chris Sarra, The Guardian: We must look to our humanity to solve the crisis of Indigenous incarceration
* Audio: Jordan Curtis, The Wire: Campaign to lower young indigenous incarceration [Featuring Sarah Hopkins, Chairperson of Just Reinvest & Mick Gooda]
* Analysis / Opinion: Jason Thomas, SBS News: How much does it cost to keep people in Australian jails?
* Analysis / Opinion: PS News: Call for justice on legal aid cuts
* News: Land Rights News – Northern Edition: APONT raises concerns over youth in detention
* Analysis / Opinion: John B. Lawrence SC, Land Rights News – Northern Edition: Lock-up mania: NT leads the world
* Analysis / Opinion: Gerry Georgatos, The Stringer: 11 years on, the protests remain large but no justice for TJ Hickey family
* WGAR Background: Justice Reinvestment, Aboriginal imprisonment and Aboriginal deaths in custody
What happened to this young girl is a national disgrace, lets take better care of our own,the hypocrisy of our governments support for human rights of all but our own, first and foremost, I can only conclude the politicians must rec. more acknowledgement in the world arena for their support of the human rights of all others. It could be likened to a parent who is abusive and neglectful to their own children though because of power and money have the ability to appear to the outside world as compassionate and caring by adopting and fostering less fortunate children from around the world. This young girl died a painful lonely death, at the hands of people who are in a paid capacity and should be accountable.
Wendy