Families outraged by NSW Police’s ‘disgraceful’ decision to ignore coroner’s advice

A family who have waited 36 years for answers into the deaths of two Indigenous girls in Bourke say it is “disgraceful” that police ignored a key recommendation from a coroner at a recent inquest.

Aboriginal and Torres Strait Islander readers are advised that this article may contain images and names of deceased persons.

Earlier this year, New South Wales coroner Teresa O’Sullivan presented her findings into the 1987 deaths of cousins Mona Lisa Smith (16) and Jacinta “Cindy” Smith (15) and concluded that racial prejudice influenced the initial police investigation, which included a litany of failures.

Two photos of two young girls overlap — Their families say Cindy Smith and Mona Lisa were full of life. (Delivered. Art: Park Chan Woo)

She recommended that the Commissioner of Police of New South Wales develop guidelines for the review of investigations when the Attorney-General sought advice on the possibility of opening a new or further inquest into a death.

This recommendation was rejected by Police Commissioner Karen Webb, much to the consternation of the families involved.

An aboriginal woman in a black shirt and curly brown hair looks straight at the camera — Fiona Smith says the recommendation, if in place, would end years of pain. (ABC News)

“I don’t trust the police,” said Mona Lisa’s sister, Fiona Smith.

“I’m not surprised by the reaction given the way everything was handled.”

Ms Smith said if the recommendation were in place it would end years of pain.

“The amount of time it has taken (to resolve this investigation) is disgusting, disheartening, unfair and heartbreaking,” she said.

“No one else deserves this, no family, and I don’t care what color you are.”

The girls’ bodies were found on the side of the Mitchell Highway north of Bourke, hours after they were given a lift by 40-year-old non-Indigenous man Alexander Ian Grant, who died in 2017.

Grant was charged with indecent interference with Cindy’s body and culpable driving resulting in the death of both girls.

In 1990, he was acquitted of driving under the influence of alcohol, and the sexual interference charge was dropped before trial.

An inquest into the deaths was opened in 1988 but suspended after Grant’s trial, despite requests from families for answers.

Two women look at a plaque placed on a stone outside. — Kerrie Smith (left) and Dawn Smith at the site where Cindy and Mona Lisa died. (ABC News: Craig Hansen)

More transparent processes

Justice O’Sullivan’s order called for greater transparency in police review processes after numerous attempts by the girls’ families to reopen the investigation.

In 2018, lawyers from the National Justice Project joined the campaign, lobbying New South Wales Attorney General Mark Speakman to order a new inquiry.

A black and white photo of a road in the middle of nowhere — The original coronial inquest began in 1988 but was suspended during the trial of Alexander Grant, who was charged with driving a ute after the crash. (Delivered by: National Justice Project)

That call was rejected after then-New South Wales Police Commissioner Mick Fuller wrote to Mr Speakman stating that the evidence had already been subjected to “thorough independent assessment” in 2004 and 2018 and the investigation had not produced new information.

Five years later, in 2022, Judge O’Sullivan announced she would reopen the inquiry, rejecting claims that the initial inquiry was sufficient.

In its recommendation, it said the new guidelines should also include cooperation with experts and consultation with the family.

Policewoman in uniform — New South Wales Police Commissioner Karen Webb. (AAP: Bianca De Marchi)

In a response published this week, Commissioner Webb said the recommendation was “not supported”.

“I can advise you that the existing guidance used by the New South Wales Police Unsolved Homicide Command team already covers the situation for checking suspicious deaths,” she said.

“A Punch in the Face”

National Justice Project chief executive George Newhouse said the commissioner’s rejection was a “disgrace”.

A man in a dark shirt and glasses — National Justice Project CEO and General Counsel George Newhouse.

“Commissioner Webb ignored the facts of this case, ignored the coroner’s recommendations and said, ‘No, it’s business as usual,'” he said.

“This is an absolute disgrace and a slap in the face to the family.

“The family was disgusted by the way they were treated by police in Far Western New South Wales and now they are being insulted by the most senior officer in our state.”

Four women stand in front of the courthouse and hold a document — Dawn and June Smith (front) and their daughters Kerrie and Fiona with coronial findings confirmed following the deaths of Mona-Lisa and Jacinta Smith earlier this year. (ABC Western Plains: Zaarkacha Marlan)

“Pattern of Inadequate Control”

Newhouse said the coroner’s recommendation was significant not only in this case, but also for many others across New South Wales.

He said this would enable families of a deceased or missing person to contact police in a way that could lead to a constructive assessment of evidence.

“Over the last 35 years, since the Royal Commission into Aboriginal Deaths in Correctional Centers and even before, we have seen a consistent pattern of inadequate oversight and inadequate investigation when an Aboriginal person is involved,” Newhouse said.

“This issue has arisen not only in this case, but also in the Mark Haines case, the Bowraville case, and most recently in the Senate inquiry into missing and murdered First Nations women and children.”

Newhouse said they would now discuss the matter with New South Wales Police Minister Yasmin Catley.

Ms. Catley’s office responded with a written statement acknowledging the “lasting harm suffered by the victims’ family and others affected by this terrible crime.”

It said the New South Wales Police Force had implemented a new Aboriginal strategic direction, including mandatory training for all officers and ongoing engagement with Aboriginal communities to strengthen relationships.