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The prison van in which Mr Ward died. |
Indigenous elder's family in poverty while awaiting payment: lawyer
Thursday, 21 January 2010
By Andrea Hayward
WESTERN AUSTRALIA, February 5, 2010: The family of a man who died of heatstroke suffered in a prison van are living in poverty while they await a payment from the state government, the Aboriginal Legal Service (ALS) says.
Aboriginal elder Mr Ward, who cannot be fully identified for cultural reasons, died in January 2008 after virtually cooking alive in the van taking him from the remote Indigenous community of Laverton to Kalgoorlie.
The 46-year-old experienced temperatures topping 50C during the three-hour and 45-minute trip through the West Australian goldfields.
He died in hospital after his body temperature climbed to 41.7C.
WA Coroner Alastair Hope blamed Mr Ward's death on two guards who accompanied him, the private company in charge of prison transfers and the WA Department of Corrective Services.
The WA government last year accepted more than a dozen recommendations from Mr Hope, who said the incident had been "unnecessary and wholly avoidable".
Attorney-General Christian Porter said all of Mr Hope's findings had been accepted in principle and several recommendations would be implemented to avoid similar tragedies.
ALS acting chief executive John Bedford said more than two years after Mr Ward's death, his widow and sons had not received an ex gratia payment from the state government.
Mr Bedford said they had not even been offered counselling.
"They've lost a father and a husband, they've lost a breadwinner and they are living in virtual poverty," Mr Bedford said.
"There's been no assistance offered by the state government at all, not even counselling.
"Leave the financial stuff side. The counselling would be a start but it seems a bit late for that now."
Mr Bedford said WA Premier Colin Barnett was wrong to suggest other parties, including family members, were holding up an ex gratia payment.
"That's not the case and I think it's a little bit misleading," Mr Bedford said.
"We've been more than patient for more than two years, and a year since the coroner handed down his findings."
The office of the attorney-general had taken months in some instances to respond to correspondence from the ALS, Mr Bedford said.
"It's gone on for long enough and it's time this government got off its backside," he said.
"I just think it's disgraceful how long it's dragged on. I think it's just hollow words."
Mr Porter's office has been contacted for comment. - AAP
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