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OLICE KILLINGS Dave Brown and Russell Hogg OLICE KILLINGS Dave Brown and Russell Hogg 1970 Richard Harding published his book about police powers and duties and point .ice Killings in Australia (Penguin) in to the need for reform in a number of Lch he reached two main conclusions: areas. In particular, we would like to Lrst, that one of the rules concerning highlight the issue of persons who have 2 legal right to use lethal force - as died in police custody after being beans of arresting a fleeing felon if detained under the Intoxicated Persons could not otherwise be arrested with- Act, 1979 (NSW). (See Punk Dies in that immediate situation - was out of Dario Cell, elsewhere in this issue.) he with modern needs when the circum- This legislation decriminalised public ances were such that there was no drunkenness and persons detained under ason to suppose that he was armed or it are, in theory, in protective custody. herwise dangerous; second, that defec- Yet no special duties (with respect to ve administrative and legal procedure medical care, etc.) are placed on the r investigating and testing the lawful- police where, as is usual, they are the ss of police use of lethal force had detaining agency. There are a number of d to a position where such conduct was critical problems with the legislation effect extra-legal". (R. Harding, (such as the potential for abuse without hanging Patterns of the Use of Lethal fear of judicial review) which have rce by Police in Australia", Aust. & received some public attention. However, Z. Journal of Criminology (June, 1975) : there has been little or no debate about Tj~* In a subsequent article, based on the numbers and causes of deaths in examination of police killings between custody under it. We point to this here 69 and 1974, Harding restated his as an issue of particular concern. rlier conclusions (ibid.). We are not eking here to offer a systematic A related issue of importance is that of dating of Harding's important work, deaths of prisoners. Over the years is clear that police killings continue there have been a significant number of be a reasonably frequent occurrence, prison deaths (especially in Mulawa though the cases we refer to are not women's prison) and particularly in sed on an exhaustive search and do solitary or punishment cells. Research erlap with the period dealt with by along the lines of Coggan and Walker's rding in his 1975 article. Frightened For My Life : Deaths in 2 intervening period has seen some British Prisons, Fontana, 1982, Is lification of the "fleeing felon" urgently called for in Australia. le in N.S.W. (30/6/80) [We reprint an Appendix relevant sections from Another cause of concern is the 2 current N.S.W. Police Instructions practice of certain police carrying the discharge of firearms]. non—police-issue weapons and firearms. tfever, we would strongly suggest Should injuries or deaths ensue from at despite form to internal police procedures for the use of such weapons it is much vestigating complaints and incidents easier for the police involved to deny volving other police officers there responsibility. They point to the ntinues to be evidence that the overall calibre of bullet or nature of the fective nature of the procedures for injury being inconsistent with the use aling with police killings identified of police-issue weapons. Planting of Harding remains. Certainly many of firearms following a shooting incident e criticisms he made of the role of is also much easier if police have roners have been repeated in connection private, non-police-issue firearms on th recent inquests on police killings. hand. Such possibilities are greatly increased in the case of prison escapees, what follows we also include reference particularly where police or media sources deaths in police custody (especially have previously claimed that the escapee der the Intoxicated Persons Act, 1979 is believed to be armed. SW) and in collisions arising out of r chases. Following the escape of Raymond John Denning from Grafton jail in 1980 and e different contexts in which police (false) media reports that he was in tion or omission results in death the Blue Mountains armed, the Prisoners viously raise quite different questions Action Group wrote to the Premier, 129 Minister of Police, Police Commissioner Following disturbances at the Bathurst and Police Officers Association Secretary- bike races in Easter 1981 a young requesting that clear instructions be constable was quoted as saying that issued to police that: prior to the disturbance he went "out "no non-police, non-official to the tip near the college to get a firearms are to be carried in piece of timber to protect myself the search, and that if Denning adequately" and that "other policeman is holed up somewhere Commissioner had done the same" (Western Advocate Lees be notified immediately so 20/4/81. See also the B.Y.O. weapons that he can superintend operations practice in the Ti Tree incident. and can provide for independent law and policy in respect of police observers to be present at any The recapture." access to and use of firearms is summarised by Richard Harding in Firear That police do carry non-police issue and Violence in Australian Life, ch. H weapons has come to light in recent years The law relating to police useof fire­ in a number of ways. On 24/4/83 the arms is not uniform throughout Australi general secretary of the N.S.W. Police The "fleeing felon" rule applies in N.S Association, Bob Page, stated before Victoria, South Australia and the the State Industrial Commission: Territories. In Queensland, Western Australia and Tasmania the police are "In some areas of the State, only legally permitted to resort to let however, I am aware police are force to stop a fleeing offender if the so concerned for their own have a reasonable suspicion that the safety that they have adopted offender has committed an offence punis the practice of carrying their able by death or life imprisonment. privately owned shotguns while on duty in police vehicles" (S.M.H. 25/4/79 emphasis added) _ _____ ^ t o ld C o , *v.v 0/ • ,ome areas \eVvi^cs* , °» * lW * told >esterday. V. jV FOilU TAIL FOR BA/CIE',.**»?« •Oofi'e DUM-DUM TERROR AMMO the 8 n DL M-DL'MS, hollow- nosed bullets which spread on impact, O f may be used by .YSW police. 130 POLICE KILLINGS: A SELECTION The following is our unsystematic listing On 17/7/76, Attorney General F.Walker „ of some of the police killings or deaths instructed the Crown Solicitor not in police custody in Australia over the to oppose an application for a reopening last ten years, which hit the press. of an inquiry into the death, brought We have compiled the list from our own by Ms Bilbao before the Supreme Court incomplete clippings file (with assist­ by way of a writ of ad melius inquiren­ ance from Denise William). It will be dum (S.M.H. 17/7/76). On 22/6/79, apparent that in some cases the details Mr K. Waller S.M., Coroner, found a prima available to us are scant. We urge facie case of manslaughter against Swift readers to assist in the process of and Abel. On 2/11/79, Swift and Abel were bringing this list up to date, and in charged with manslaughter and conspiracy providing additional information about on ex officio indictments. On 13/3/80, existing listings. Then perhaps in a 7 years and 8 months after Bilbao's future issue we could provide a more death, Swift and Abel were acquitted on comprehensive listing together with both charges by direction at Central some analysis. What follows is really Criminal Court. only in the form of notes. 24/2/74 21/7/72 John William Hands, 17. The youth was in Jose Bilbao, 45. Bilbao was arrested an allegedly stolen car which was stopped on 20/7/72 and charged at Central at a police road block on the Hume High­ Police Station, Sydney, with unseemly way, south of Goulburn. He ran off and words. On 21/7/72 he appeared in was fired upon by police. One shot hit Central Court of Petty Sessions, before him in the back, killing him. Constable Mr M. Farquhar, C.S.M. Court records Christopher Ross Smith of Goulburn was show that Bilbao was asked how he charged with manslaughter (S.M.H. 5/3/74) received certain injuries and he claimed but the charge was dismissed at committal that a policeman did it. He was taken stage. On 26/2/74, N.S.W. Minister of to Sydney Hospital and died that night Justice and Police, Mr Maddison, re­ (S.M.H. 16/8/72). Two police constables leased details of hitherto unpublished on duty in Central police station at the rules on the use of firearms by police. time, Terry George Swift and Peter Gary The rules state that if a felon (any Abel, were suspended from duty and person who has committed an offence charged with murder. Mr M. Farquhar, punishable by death or by penal C.S.M., discharged the two, finding that servitude for any term) is running away there was "insufficient evidence to to avoid arrest, and there appears no establish a prima facie case against the way to stop him, he may be fired upon. constables" (S.M.H. 15/11/72). The rules state that should a felon be killed, the police officer need On 7/6/74, the N.S.W.
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