Aboriginal deaths in custody – 1995

Partner Maithri Panagoda acted for the family of an Aboriginal man, Mark
Anthony Quayle, who died in police custody in Wilcannia. This was the first
Aboriginal death in custody case in Australia.
 
In 1987, Quayle’s brother had taken him to Wilcannia Hospital suffering from
delirium tremens. His family was assured that he would be looked after by
the hospital nurse.
 
Mark Quayle went for a walk. When the hospital couldn’t find him they called
the police, who arrested him without criminal charge, put him into a paddy
wagon and then locked him in a police cell, unsupervised and hallucinating,
in total darkness.
 
Even though Quayle’s family had sought medical help for him, they were
not consulted about the decision to lock him in a police cell. He was found
hanged the next morning.
 
In awarding $190,000 to Mark Quayle’s mother and three brothers, the
judge particularly noted the actions of the Wilcannia police, who broke the
news of Quayle’s death to two of his brothers on the side of the road and
asked them to identify their brother’s body, not at the morgue, but in the
back of a police vehicle.
 
Since then, Maithri Panagoda has run three other cases related to Aboriginal
deaths in custody, winning compensation for the families in each case.
 
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