Pair escape charge over death of Aborigine

The Aboriginal elder died of heat stroke in the back of a van on the way to Kalgoorlie in 2008. Photo / Supplied

A decision not to charge two security guards over the heat stroke death of a West Australian Aboriginal elder in a prison van has been greeted with anger and disbelief.

Ward, an elder whose full name cannot be used for cultural reasons, died of heat stroke in the back of the van on the way from Laverton to Kalgoorlie in WA's Goldfields region in January 2008.

At the weekend, WA's Director of Public Prosecutions Joe McGrath visited Ward's widow Nancy at Warburton in the Central Desert and told her charges would not be laid.

He told her there was no reasonable prospect of conviction if charges were laid against the two security guards employed by the security firm GSL, now known as G4S.

Ward's family were said to be distraught over the decision.

A broken air conditioner in the back of the van forced Ward to endure temperatures of more than 50C during the four-hour, non-stop journey.

He was being driven to Kalgoorlie to face a drink-driving charge in court.

Last year, WA coroner Alastair Hope found the Department of Corrective Services, security officers Graham Powell and Nina Stokoe transporting Ward and their employer had all contributed to Ward's death.

Hope referred the case to the DPP because he believed a criminal offence had been committed.

But McGrath yesterday defended his decision not to prosecute, saying a thorough investigation found no one had been criminally negligent.

"I'm acutely aware that the death was tragic, avoidable and rightly creates outrage in the wider Australian community," he told reporters.

But he said he had to dispassionately apply the law of WA in determining if there should be a criminal prosecution.

McGrath said police investigators had failed to separate the two security guards when making their inquiries but it could not be determined if the pair had colluded and contaminated evidence they gave.

He said prominent Sydney lawyer John Agius had independently reviewed his decision and endorsed it.

At the DPP's office, Aboriginal elder Ben Taylor, who is co-chairman of WA's Deaths in Custody Watch Committee, said protests would continue over Ward's death until justice was achieved.

"They are killing our people off. It's the 21st century and we're still getting nowhere and that's very sad.

"The poor man was cooked alive.

"This is a black fella who died in custody, they just cover it up and life goes on."

Committee chairman Marc Newhouse said Ward's death was another example of where Aboriginal people were the victims and the police investigation was seriously flawed.

He said the committee would be seeking an independent review of the decision by an independent retired judge and would hold a rally in coming days to protest against the decision.

The case was a compelling reason to return prisoner transport to the Department of Corrective Services and to terminate the contract of G4S, Newhouse said.

WA shadow attorney-general John Quigley said it was inconceivable no one would face charges over Ward's death.

"If it had been a dog in the back of that van ... and it had died in similar circumstances then there is no doubt that person would have been prosecuted under cruelty to animals," he told ABC Radio.

- AAP