Saturday, August 17, 2013

Did the handling of this investigation hinge on race?

You've all been very patient while I've been busy with study & work & life - thanks for sticking around. I know there will be some of you who will be pleased the last post is moving into the background - controversial for a few people, I'm figuring...but, quite necessary to point out a few of the elephants in the room, at the same time. The Aussie mainstream media, as an authoritarian interest all of its own these days, needs to be held to account just as much as the justice system and it is important that they convey and question all the facts, not just the ones that fit a particular political agenda. It was also important to put back into the discourse a presumption of innocence (the death was pre-trial), and, to restore some of the ethical observations that were rudely, albeit legally, abandoned by the tabloids' less conscientious reporters. 

A little bit of crabby (that translates as 'grumpy' for all you US readers) business to take care of:
 
I have been flat out with study, influenza - twice (!), and I currently have glue ear, which is steadily driving me A-r-o-u-n-d tha bend. Don't ask me about it, coz I won't hear ya.
It's come to my attention someone's been obsessively rifling my early posts to dig up bio info - just email me, ask me what you want to know & get it over and done with. Far out... I have also been copping it - urgh! grrr! :{{  There have been certain parties who have tried to implement their own agenda on my writing recently - making rash judgments, using flak to shut me up, saying nasty things and harassing me and that has often been unlawful, and regularly, just really unkind. But, if that doesn't stop, that's next week's post. You have read the About me page haven't you? For all you speculators out there, rather than wingin' it and improvising & spreading gossip - just ask me - I am a lot more boring than you think. There aint no angle, no juicy story, just build a bridge and get over it. I am aiming to be the first female doctor in my family, much to my old mum's chagrin and, it is a labour of love, not of financial gain, that's for sure...sigh...

On that note, I have noticed that some of the work here has been re-posted on other big news websites (that rake in lots of $$ & can afford to pay me for that content as per the award) with other journo's names on those pieces :{{ that's stealing, unless you ask me first and give me full attribution. Don't do it - or I will name you and shame you.  "Being a freelancer doesn't mean that you work for free..." If you are short on a story, get out of your little fibro cubicles and go outside in the sun and talk to real people instead of just government spin doctors and get your own stories

Moving right along...

At the end of this post, is an interview facilitated by Shilo, an Australian human rights advocate. I am re-posting her interview and post, here, on the topic of the death of Mr Stack. She & the BSG have been consistently supportive of the family since the death of young Mr Stack. I have abbreviated some spots in her post in the interests of impartiality.

There are a variety of issues that are troubling about the DPP & WA Police Service's handling of the investigation and prosecution regarding the death of Mr Stack. Mr Stack's family said he was employed on the mines (quite a lucrative job, in Australia), when he was stabbed in an alley in Northbridge by a man who was later convicted of more than two dozen counts of theft-related offences. However, the non-indigenous man who stabbed Mr Stack - a Noongar, did not face court for the theft charges until after he was tried for manslaughter. His principle defence was that the deceased was robbing him.

And so, in a spirit of informed consent, let us proceed:

The following is a story I wrote about young Mr Stack, who tragically passed away in unusual circumstances. There was a surprising lack of transparency surrounding some of the decisions within that justice process and few answers after the fact. Needless to say, Mr Stack's large, close-knit family were extremely distressed by his sudden death and the strange priorities of the prosecutors. Issues of race were raised and I am not in a position to speculate, but I will put the facts here and allow you to draw your own conclusions.

I was the only journo to follow the case of the theft charges against the man who stabbed Mr Stack, and it was astounding to me that the mainstream editors were disinterested in what should be considered a pivotal case of tremendous public interest - why weren't the theft charges heard until 2-3 years later, and just one month after the manslaughter trial, given that the issue of theft was central in the manslaughter defence? Perhaps the case is only of public interest in a town that is not trying to play down race problems?

Mr Stack's family are seeking a review of the case.




 
Bereaved father Rodney Cox, supporting Noongar Elder Uncle Ben Taylor at the 2011 CHOGM Rally in Perth - image copyright

 I wrote this story on 4 Jan 2012 and all the work that appears here is strictly copyrighted: 

The grieving family of a young man killed in Perth's nightclub district in August 2009, are pitching a battle against the state's justice system.

Rodney Cox said advocates are preparing a submission to the Corruption and Crime Commission of Western Australia, after several puzzling issues emerged about the death of his 23 year-old son, Mr Stack.

In June 2010 Christopher Lee Brenchley (26) was found not guilty of the manslaughter of Mr Stack by a Supreme Court jury, which deliberated for four hours.

Brenchley said he was being robbed by the Aboriginal mines worker, when he stabbed him to death to protect himself.

He said he had turned the weapon back on Mr Stack, stabbing him once through the heart.

However, the DNA found on the handle of the screwdriver tendered as the alleged weapon, "belonged to my son," said Mr Cox and "the pathologist said 'it could have got on there when he pulled it out of his(own) chest.'"

Originally, Brenchley told police he had used a knife and even drew it for them, but he later changed his statement.

One month later - in July 2010, he pleaded guilty to 29 fraud charges related to over $15,000 of DVDS, CDs and games fraudulently sold to pawnbrokers between 2008 and 2009 and were, his lawyer said, "hot."

Police seized hundreds of DVDs, CDs and games and conducted raids on Brenchley's home, discovering empty security cases in his loungeroom, and in the boot of his car.

On the police video recording, Brenchley said he had a condition that made him steal, the police prosecutor said.

His lawyer said Brenchley told police several different stories about where he got the discs, but eventually pleaded guilty.

He said the offences occurred when Brenchley was unemployed and unable to pay his rent.

Brenchley had other convictions for stealing food and petrol in "drive-offs," and in 2010 was fined $500 for stealing DVDs from Target, the court heard.

The jury at the manslaughter trial was not privy to his past convictions, or the 29 theft-related charges.

In August a spokesperson said the Director of Public Prosecutions had not played the jury a Triple 000 phone recording in which Brenchley's wife could be heard screaming at him to "stab the f*****g c**t."

The senior prosecutors "did not think it was probative."

Rodney Cox said several other troubling issues prevented the family getting closure over Mr Stack's death and left them feeling "stunned," and wanting a re-trial.

He said there were no Indigenous jurors, crucial evidence was not tendered, and there had been no consultation between the family and the DPP until after the trial.

Mr Cox said only very limited CCTV footage was used in evidence, though Northbridge is visibly, highly monitored by CCTV.

He said they asked why Brenchley had not already faced trial over the 2008 stolen goods-related charges, but "they didn't have an answer."

The family met with the Attorney General's staff, but reached no resolution about the matter.

###



From Shilo: August 10
"LONG BUT PLEASE READ AND SHARE
I ran into Rodney Cox today while doing food shopping. He is such a lovely man who has been dealt such an awful blow, but still he pushes on. He asked me to make it known, so please share anywhere and everywhere, that they are currently waiting for the DPP and Alistair Hope to rule whether the death of Mr Cox's son will go to an inquiry. 

On 15th August it will be 3 years...The man who committed the act had a previous record, Mr Cox's son had none, the man who committed the act also had bought a weapon the morning of the attack...The man, who was accompanied by his wife presented several conflicting accounts while on the stand, one of the most sickening aspects of this abhorent act is that in the emergency 000 call you can hear his wife urging him to 'stab the black ****'. 

This attack was horrific and those... individuals are still free! Mr Cox has asked to have this horrid tragedy circulated and raised in the public arena, and several mainstream media outlets are already in the mix. He needs pressure to be put on the DPP. I will be getting in touch with my media contacts, please if you have any do the same, or even just share with your mates. Please watch and share the following interview."