WARNING: This article contains the name of an Aboriginal person who has passed.
A class action has been launched against the Western Australian government, seeking compensation for the false imprisonment of Indigenous people under the now-non existent provision of the Western Australian Fines, Penalties, and Infringements Act.
Sydney-based firm Levitt Robinson is attempting to hold the state accountable for the death of 22-year-old Yamatji woman Ms Dhu, who had been held in a jail cell for unpaid traffic fines while nursing serious untreated injuries, which led to her death in police custody, aged 22, in August 2014.
A 2016 inquest into Ms Dhu's death in South Hedland concluded that the conduct of the police and medical professionals involved was inadequate, with the attending doctor later found guilty of misconduct.
After years of campaigning, the legislation was amended in September 2020 to remove provisions that led to imprisonment over the fines.
"If I go to the seashore and cast a net over an area that had lots of herrings, I know I'm going to catch a lot of herrings...The way that they snatched people with no notice away from their families and put them in jail was extremely disruptive, in many cases depriving people of sole parents," Stewart Levitt told NITV News.
"And it can be said that not much has changed in WA notwithstanding the removal of the act."
Sydney-based lawyer Stewart Levitt launched the Federal Court action. Source: NITV
Strength and courage of families
Megan Krakouer, Director of the National Suicide Prevention and Trauma Recovery Project, told NITV News that she is in full support.
"The class action in our opinion is a way forward, there is no political will at a state or federal level and it's the most marginalised and vulnerable people being impacted, that's unacceptable," she said.
"A lot of our people have been to prison because of unpaid fines, that could have been avoided but there is no political will for alternative means, therefore, the whole system needs to be changed and revitalised."
The class action is seeking compensation for the false imprisonment of any Indigenous people and their dependant family members, who were imprisoned under the now obsolete law.
"What happened was disgraceful, it was clearly an abuse of powers, she [Ms Dhu] was discriminated against and treated somewhat less than human during her time in the lockup," said Megan Krakouer.
"it's really painful but why this will succeed is because of the raised awareness which comes from the strength and the courage of the families who share these stories."
Young protestors supporting the call for a class action against the treatment of juvenile inmates. Source: Supplied: Megan Krakouer
Two-pronged campaign to include Banksia Hill
Gerry Georgatos, Coordinator of the National Suicide Prevention and Trauma Recovery Project called Ms Dhu's death reinforced the need for the action.
"Between 2008 and 2013 we had jailed 1100 people because of fine defaults, of which 600 were First Nations and 500 were non-Indigenous," he said.
"Almost 1 in 5 people in prison were fine defaulters, many of whom had never committed any criminal offense or seen the inside of a prison before that, and by 2016 the number of people imprisoned for failing to pay fines had jumped to 7,000, so we were criminalising a civil offense."
Stewart Levitt said the action will be a two-pronged campaign to persuade the State Government to enforce their recognition of Indigenous people's rights to dignity, freedom and equality before the law.
He told NITV that the second action of the campaign will be focused on the treatment of children at Banksia Hill Detention Centre, and will highlight the Australian government's failure to honour the rights of children, the disabled, and Indigenous minorities, labeling their treatment as "inhumane".
