By Andrew Honey
SYDNEY — Phyllis May, who police say was found dead, hanged by her pantihose in a Macquarie Fields police station in the early hours of June 10, would still be alive if the recommendations of the royal commission into black deaths in custody had been followed, says Paul Coe of the Aboriginal Legal Service (ALS).
May was taken to Macquarie Fields after receiving a 30-day sentence on a cannabis charge at Campbelltown on June 9. Sole parent to three children, May had a history of depression and anxiety. Democrat MLC Richard Jones says it is "outrageous" that "people are being sent to prison for using a harmless recreational drug". Jones blames the Greiner government's reintroduction of the Summary Offences Act, which gives wide discretionary power to police.
The ALS successfully applied for a delay in the post-mortem so an independent pathologist could be present. Paul Coe says this is now a standard request because the service is not satisfied with the performance of the government pathologist.
Coe says the case of Phyllis May appears to involve breaches of at least five recommendations of the royal commission:
- The prison sentence for such a minor offence ignores a recommendation that custodial sentences should be a last resort. As well, the magistrate refused to consider a pre-sentence report which would have introduced evidence of May's medical history.
- May was placed alone in the Macquarie Fields cell.
- No medical assessment was made before placing her in the cell.
- The cell itself was not cleared of all dangerous objects.
- It appears regular checks were not carried out once she was in the cell.
The Campbelltown magistrate's court has been involved in other controversy recently, particularly over a case of drink driving involving a police officer. The matter was heard in a locked court, and no conviction was recorded, although the normal penalty is a hefty fine and automatic loss of licence.
There will be an internal police inquiry into the death of Phyllis May.