Coroner clears TJ Hickey case cops: [1 TC Edition]
Louise Milligan, John Stapleton. The Australian [Canberra, A.C.T] 18 Aug 2004: 3.
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Abstract
NSW Coroner John Abernethy found police had followed [TJ Hickey] on his bike shortly before he was impaled on a fence but that they were not responsible for the 17-year-old's death.
Mr Abernethy was also critical of the area's Aboriginal community for spreading "rampant gossip and innuendo" in the aftermath of TJ's death.
Ms [Gail Cargill] said outside court that while Ms Hickey was relieved Mr Abernethy found police were following her son, she was disappointed he did not find them responsible for his death and the driver of the car following TJ, Michael Hollingsworth, did not have to give evidence.
TJ Hickey's mother was inconsolable yesterday after the police accused of causing the death of the young Aboriginal boy were cleared of any wrongdoing.
NSW Coroner John Abernethy found police had followed TJ on his bike shortly before he was impaled on a fence but that they were not responsible for the 17-year-old's death.
"I urge you now ... to put the matter behind you," he told shocked members of the Hickey family.
Mr Abernethy also downplayed evidence that the four officers had discussed their evidence and changed their stories between statements.
He attributed it to the traumatic nature of the day.
The teenager's death sparked anti-police riots in the inner Sydney suburb of Redfern in February this year.
Mr Abernethy was also critical of the area's Aboriginal community for spreading "rampant gossip and innuendo" in the aftermath of TJ's death.
"No justice!" shouted one friend of the Hickey family, while TJ's mother, Gail Hickey, wept uncontrollably.
Ms Hickey fled the courtroom and her aunt, Gail Cargill, later delivered a statement on her behalf.
Ms Cargill said outside court that while Ms Hickey was relieved Mr Abernethy found police were following her son, she was disappointed he did not find them responsible for his death and the driver of the car following TJ, Michael Hollingsworth, did not have to give evidence.
Mr Abernethy did not adopt the scathing criticism of his counsel assisting, Liz Fullerton SC, who had said it was "disappointing" the actions of constables Michael Hollingsworth and his partner, Maree Reynolds, were not "accurately, faithfully and honestly recorded, and at the end result, doubt attends their actions".
Police yesterday patrolled the Redfern district in groups of four or six concerned there would be a backlash to the findings.
"People are still trying to talk it through, the family is having a talk, everyone is quite shocked," said community leader Kay Mundine.
"It is a time when people feel protective. People were expecting a lot more. It is not about justice, it is about the law. We have a long journey with the family. It was an horrific death."
In a press conference after the findings, NSW Police Commissioner Ken Moroney said he would be more concerned if the police officers' statements were identical and "picture perfect" than if they had some inconsistencies.
Mr Moroney agreed with the coroner's findings that the trauma of the day might have affected the officers' ability to recall events clearly.
"Obviously this was a most traumatic set of circumstances ... It would not be inconceivable then that in their recollection of this particular incident there may have been some inconsistencies. But inconsistencies in stories do not amount to lies," he said.
"I supported each and every one of my officers on the morning after the incident involving Thomas Hickey, I supported them after the riot and my support remains for those officers," he said.
He said it was well within Constable Hollingsworth's rights as a civilian to seek legal advice and refuse to give evidence.
Editorial -- Page 12
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