Not unlike the Mickelburg saga in complexity, the Mallard affair is sending shockwaves through the WA police service.
Once headed by a commissioner endearingly nicknamed 'Bricka' by his employees, WA's tight-lipped police service, dating back as far as colonization, was seemingly an elite faceless machine beyond accountability, doling out whatever brand of social control was the flavour of the era.
That was until the likes of cases such as the Mickelburgs, Beamish & Button, Mallard and the Walsham 5 which saw, over the last decade, an array of wrongful convictions overturned for men damned to a life in prison for offences they never committed.
As a result of loyal families, donations of pro bono legal work, and the thorough investigative skills of old-school Perth journos, facts were revealed that helped create a fuller picture than what was available at the time of the men's convictions.
Since the murder of Pamela Lawrence and the arrest and sentencing of Mallard, typical patterns emerged. The stress of incarceration exacerbated mental illness that Mallard already suffered, his family suffered trauma and indignation from witnessing not only his wrongful imprisonment but his withdrawal from society under the overwhelming weight of helplessness and disempowerment.
It is only through the tenacity of Andrew Mallard's loved ones and the persistence of journalist, Colleen Egan, that the discrepancies in the case were identified, and then only overturned due to the dedication to accountability by former Police Union lawyer and Mindarie MP, John Quigley.
Little is heard, amid the mass media trumpeting it's own worth, of the quiet endurance demanded of those individuals involved, of their silent daily commitment to uncovering the real truth and creating a greater justice, a fairer system.
The days they faced opposition and the delays in obtaining recognition of the concrete & simply unassailable facts, and, the number of times they had to pick themselves up & dust themselves off and ready themselves for yet another struggle to right just one wrong or one series of wrongs, go largely unrealized by the greater public - the mass media's mainstream consumers who swallow pulp news whole without scrutiny, without too much thought, taking it for granted that this is merely the job of those involved, although each one of them volunteered those precious hours away from their families & friends, at the coalface of an uncompromising, merciless, broken machine.
It so happens that the Q, who went the full Darth Vader to pursue the overturning of Mallard's conviction, claims to be the victim of a reprisal attack by vindictive officers. Eerily, the temporary Leader of the Opposition and the state's new premier said surely not, and the Q should mind his p's and his q's - but the allegations of off-duty antics are merely echoes of those heard during the Mickelburg saga, and since the over-turned convictions of the Walsham 5.
Mallard's now asking to be compensated for the 12 years he spent as an inmate as a result of the unlawful conviction. The former Attorney General of WA said that an ex-gratia payment along the lines of that made to the Mickelburg brothers would be appropriate but insufficient, however the new AG, Christian Porter, is currently seeking advice about the matter.
And he's not the only one. If the botched case isn't already enough of a can of worms, the Police Commissioner, Dr Karl O'Callaghan, said he was advised by the State Solicitor's Office to re-investigate the Crime and Corruption Commission findings of misconduct against Asst. Commissioners Shervill and Caporn(pictured) despite the CCC's exhaustive 3 year investigation.
The three-ring-circus that has been keeping the plebs entertained with the bureaucratic shuffle even included the Media Union, the ABC, DoCS and the Coroner, with the threat of increased use of gag orders bandied around to bring the recalcitrant media into line.
It took the MEAA's WA branch secretary, Michael Sinclair-Jones to point out the elephant in the room, “Police are already in serious trouble over the wrongful jailing of Andrew Mallard for 12 years, now authorities want greater secrecy − it’s absurd.”
Time and again we hear the courts bemoaning the inadequate handling of people with special needs. It is also a little considered fact that while Darryl Beamish - who is deaf and mute, and Andrew Mallard, both should have received extra assistance in their communications with police and justice workers, mental illness is predominant throughout prison populations.
A recent restorative justice research project found that most criminals received less than a 10 minute turn around in the Perth Magistrate's Court. But, can that really offer the magistrate enough time to detect all the factors that may have come into play in bringing them into that hearing, such as their handling by police and their possibly undiagnosed health issues?
How long will the recommendations of the judiciary and the CCC go unheeded, before equality for people with special needs becomes a standard consideration in justice interactions?
How many Andrew Mallards are in our jails?
Ruhspect to the old-skool journos who introduced us to Dr Feelgood - justice can be achieved, even in the face of overwhelming adversity.
All you mothers, brothers & sisters who are widows to investigative journalism, spare a thought for those slaving over 3-foot tall cold case files - they may hold the key for someone's daughter, aunty, grandma or brother and while the mass media can't pay for that type of work, karma can.
Saturday, November 22, 2008
Saturday, November 15, 2008
Red shoes, red dirt, elusive memories
Anyone who has spent any amount of time in a pub in regional Australia will love the footage in this montage made to a Bowie classic.
If I only had a dollar for every old geezer in thongs & stubbies that I'd watched gettin his groove-awnn in the front bar, after one too many ponies & an arvo in the pub tab. Uber co-ol.
If I only had a dollar for every old geezer in thongs & stubbies that I'd watched gettin his groove-awnn in the front bar, after one too many ponies & an arvo in the pub tab. Uber co-ol.
Sunday, November 02, 2008
Clayton's post
Do crooks believe in karma or just dogma?
After a momentary lapse of memory Judge Einfeld found himself guilty and keeps his national treasure - but will it qualify as proceeds of crime?
Extra payment pensioners hang out for answers on poverty.
1 scoop or 2?
Orange people & greenies are so like, 10 minutes ago.
Cold feet, warmheart
A classic scene, "Now WTF is his name?" Amid overwhelming pressure Louie relents & plays ball. Check Sonny Valerio bustin out with some bad-ass moves while rhymin' to Flava Flav. An oldie but a goodie...
After a momentary lapse of memory Judge Einfeld found himself guilty and keeps his national treasure - but will it qualify as proceeds of crime?
Extra payment pensioners hang out for answers on poverty.
1 scoop or 2?
Orange people & greenies are so like, 10 minutes ago.
Cold feet, warm
A classic scene, "Now WTF is his name?" Amid overwhelming pressure Louie relents & plays ball. Check Sonny Valerio bustin out with some bad-ass moves while rhymin' to Flava Flav. An oldie but a goodie...
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