Rally condemns report on death in custody

April 27, 1994
Issue 

By John Nebauer

BRISBANE — About 1000 people attended a rally called by the Brisbane Aboriginal community on April 20 to protest against the findings of the Criminal Justice Commission into the death of dancer Daniel Yock on November 7.

In the report handed down on April 5, Commissioner Lew Wyvill QC concluded that there was no evidence that Yock's death could be attributed to police actions or negligence.

This was despite the evidence of Aboriginal youths present at the arrest and a number of non-Aboriginal witnesses that Yock was crash-tackled to the ground, kicked and bundled unconscious into a police van, which then drove around the West End area for at least 17 minutes before proceeding to the city watch-house.

The conclusions were also made despite an admission of Commissioner Wyvill that the evidence of Constable Domrow in particular was false.

A small gathering at the CJC office prior to the rally at Musgrave Park burned a copy of the report and threw it into the foyer.

Speakers at Musgrave Park included Daniel Yock's brother Lionel Fogarty and Aboriginal Legal Services spokesperson Sam Watson.

Fogarty told the gathering that the arresting officers should be charged. "We are harassed, terrorised and threatened by this police state and we are fed up with it", he said.

"Ever since the death of Boonie [Daniel] police harassment of our young people has gotten worse."

Watson told the crowd that the report was a series of fabrications. He said that the police had no legal right to arrest Daniel because the youths were not being a public nuisance, but were just sitting in Musgrave Park [a traditional meeting place of the local Jagera people] having a quiet drink.

He said, "Any black youth walking around in West End is pulled up. There's been pressure from some of the business community to get the police to drive them out of places like Musgrave Park and Southbank because they scare big money people."

Watson also called on the government to legislate the 339 recommendations of the Royal Commission into Black Deaths in Custody. He said that if this were done seriously, it would prevent the death in custody of both Aboriginal and non-Aboriginal prisoners.

The protesters then marched to Roma Street Forum, where more speakers were heard. In addition the Wakka Wakka dancers, of which Daniel had been songman, performed. The march stopped briefly at the city watch-house to lay a wreath in memory of Daniel.

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