The Australian states and Territories live by the laws passed by their parliaments but the death of a young Aboriginal woman in a police cell in Western Australia looks like we still use the prison system as a debt collection agency.
Decades ago it was the custom in New South Wales for young men to work off fines for driving offences and other anti social behaviour by submitting to prison for the amount of time necessary to reduce the debt. A formal scale actually existed that allowed the debtor to accurately determine the hours necessary to eliminate the balance owing. It became a rite of passage in some sections of society.
One sassy young offender made the mistake of being insolent to a hardened criminal and was bashed in a prison yard. His violent death shone the spotlight on this practice and it was promptly banned. Of course that ban only applied to New South Wales
The twenty-two year old Indigenous woman who died in a South Hedland police cell was arrested at her home because she owed $ 3622 in unpaid fines arising from charges that included assaulting police. She complained that she was suffering pain from fractured ribs caused by her abusive partner and over three days in custody she was taken to hospital three times, examined and declared "fit to be held in custody ".
Video of her treatment in a police cell is alarming. She was literally dragged through the police station and thrown into the back of a police van for transport to hospital, and when there the police suggested she was exaggerating and had behaviour issues. The medical examination was cursory and staphyloccal septicaemia and pneumonia from her broken ribs caused her death. Had her injury been treated with antibiotics this death could have been prevented.
The coroners report is scathing. Her treatment by both police and hospital staff was below an acceptable standard. It also raises the question that an arrested person spent three days in a police cell simply because they had not been able to repay a fine. While in custody no attempt was made to treat the imprisoned person with care or respect her dignity. Her Aboriginality may have been a contributing factor to the low level of treatment.
The West Australian police Commissioner was quick to respond by declaring that when arrests are made for unpaid fines those held would not be contained in police lockups. They would not spend more than eight hours in a police lockup and no warrants would be executed unless a positive plan was made to transfer that detainee to a prison. This was specially applicable to remote areas.
Significantly , the coroners report failed to recommend any charges over this death in custody. Three investigations had not delivered a finding of any police criminality and all concerned had avoided prosecution.
It seems that the concept of "debtor's prison "is still alive and well in Australia, and yet this was one of the reasons that people were convicted and sentenced to seven years transportation to Botany Bay back in 1788. In modern day Australia those with the ability to engage a good lawyer can evade this form of punishment for debt. It seems to only apply to our lower spectrum of those least able to defend themselves.
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