By John Nebauer
BRISBANE — The Criminal Justice Commission Inquiry into the death of Aboriginal dancer Daniel Yock in police custody on November 7 ,resumed for final submissions on February 3.
In his submission counsel for the Yock family, John Jerrard QC, said that Constable Suzette Domrow, one of the arresting officers, should be charged with manslaughter and official misconduct. In addition, Acting Sergeant Richard Symes, the officer who knocked Yock to the ground during the arrest, should be charged with assault. Constable Scott Harris and Senior Constable Gregory Bishop should be charged with various counts of misconduct.
Jerrard's submission also argued that the police hierarchy failed to implement adequately the Police Custody Manual, which contributed to Yock's death.
Counsel assisting the inquiry David Boddice said that while the inquiry revealed no evidence for laying charges against any member of the Queensland Police, parts of Domrow's evidence were evasive and unsatisfactory. In particular, he said that Domrow contradicted her own evidence about Yock waving a stake. He said that Yock probably did not have a stake, as Domrow and other police claim.
Counsel for the Yock family also submitted that there was a failure to exercise due care for Yock's health and safety in police custody. In particular, there was a failure by Domrow to summon an ambulance on two occasions when warnings were given. He submitted a jury could find that her failure to exercise due care satisfied the test of criminal negligence.
His submission said, "In truth his chances of recovery with her negligence were zero".