Death of Elijah Doughty

On 29 August 2016, Elijah Doughty, a fourteen-year-old Indigenous Australian, was involved in a fatal traffic collision with a ute whilst riding a motorbike. There is no evidence that Elijah had stolen the motorbike,^[1][2][3] with his friends claiming he was handed the bike in the reserve where he was killed.^[4] The driver of the ute, a 56-year-old white man, was also the owner of the motorcycle, which he had reported stolen the previous day.

The driver was subsequently charged with manslaughter but was acquitted by a jury on 21 July 2017 after a trial at the Supreme Court of Western Australia; however he was found guilty of the lesser charge of dangerous driving causing death.

Incident

On 28 August 2016, the man and his wife had been out visiting friends and arrived at their front gate at 8.15pm — she drove home, as they had earlier agreed that she would, so while they were out he drank six Carlton Dry beers. The man suspected immediately that they had been burgled because the key he said he always left at the front gate was gone. Break-ins were not unusual at the time in the twin cities of Kalgoorlie-Boulder, where thefts were the main topic of conversation on the popular Facebook group Kalgoorlie Crimes Whinge and Whine. His wife posted about the thefts on the Facebook page dedicated to local crimes, a friend offered a $1500 reward for the return of the Honda and members of the Whinge and Whine Facebook group began sending information.^[5]

Police had told the man that dirtbikes often end up at Gribble Creek Reserve and suggested he check under bushes for the Honda. He searched the streets near his home by torchlight on foot until 10.30pm. He told his boss he would not be in the next day and started searching again soon after 6am on August 29. He was parked at the edge of Gribble Creek shortly after 8.30am, listening for motorbikes, when he saw a hoodie-clad figure riding the bike his kids used, started his car and gave chase. The pursuit lasted no more than 26 seconds.^[6]

The driver was of the belief it is alleged it was the missing motorcycle which Doughty was riding. He had followed Doughty in his Nissan Navara ute along a dirt-track in the Gribble Creek area of Boulder. Crash investigators stated the man travelled at an average speed of 67 km/h as he gained ground on Elijah at a rate of 5.65 m per second. Elijah was on a 70 cc bike — widely marketed as suitable for eight- to 11-year-olds — and travelled at an average speed of 46 km/h. A collision subsequently took place in which Doughty suffered fatal injuries. The forensic pathologist explained to the jury that Elijah's injuries included his skull being split in half, brain stem snapped, spinal cord severed, most of his ribs broken, pelvis fractured, and leg and ankle mangled. Elijah's body was found 9.5 metres from the largest piece of dirtbike wreckage, whereas the ute had continued in a straight line for 34 metres.^[7]

According to Elijah's friends, he had been handed the bike in the reserve.^[8]

Immediate aftermath

The following day, a protest occurred outside the Kalgoorlie Courthouse. Approximately 200 people, some armed with rocks and bottles, broke down the gates of the court and surrounded police; who used pepper spray and riot shields in response. Twelve police officers were injured during the disorder, with one requiring stitches, while several demonstrators were arrested. Five police cars and a local business were damaged.^[9]

Darryl Doughty, the father of Elijah Doughty, explained that the trouble started when court guards decided to lock the front door. Relatives and friends had wanted to hear the other side of the story, however they were refused entry to the court. The police prosecutor informed Darryl that the matter would be put off until that afternoon and completed by video link, and obtained Darryl's phone number. However Darryl was not contacted and the accused was flown to Perth instead.^[10]

With tensions rising, Darryl addressed the gathered crowd asking them to calm down, however by then a small group had already damaged a police vehicle.^[11]

Local Indigenous broadcaster Debbie Carmody accused local anti-crime Facebook groups of "inciting violence and murder" against Indigenous youth.^[12]

With a vigil set-up at the site of Elijah's death, Kalgoorlie Police Superintendent Darryl Gaunt says his officers have witnessed non-Aboriginal residents driving fast and close to the bush vigil where Elijah died, yelling abuse at mourners.^[13]

Investigation and trial

The driver was interviewed by police the same day as Elijah's death and said he was "“trying to catch up with a motorbike that I know, I think, is mine, and hoping that the rider would go into the bush and fall off”. ^[14]

The ute driver was charged with manslaughter and pleaded not guilty after his offer to plead guilty to the lesser charge of dangerous driving causing death was rejected by the state.^[15]

The trial was held in the Supreme Court of Western Australia from July 17 to July 21 2017.^[16]

During the trial, the ute driver, who cannot legally be identified, stated he had not intended to hit Doughty and claimed that Doughty had "veered in front of him". The driver admitted however he could not prevent the collision because he was driving too close to the motorbike.^[17]

On 21 July 2017, the jury in the trial found the driver not guilty of manslaughter but convicted him of dangerous driving occasioning death. Following the verdict, members of the public gallery screamed abuse at the defendant and the jury; the court was briefly adjourned to allow their removal by security.

Supporters of Doughty, watching the proceedings in Kalgoorlie via video link, protested the verdict, many wearing t-shirts with the Black Lives Matter slogan. The protest was described by journalists as vocal but peaceful.

Aftermath

Following the jury verdict on July 21, a number of rallies and vigils were held across Australia to call for justice for Elijah Doughty.^[18] A crowd of approximately 150 protesters gathered outside the Supreme Court of New South Wales on 24 July 2017 while chanting "What do we want? Justice. What have we got? Fuck all."^[19] Some protestors allegedly vandalised the façade of the Supreme Court by spreading red ochre, while one woman screamed "This is the blood of Aboriginal people, don't wait for this to be your children's."^[20]

On 26 July 2017, protestors in Brisbane sat on the road to block the intersection of Albert St and Adelaide St.^[21] Another protest took place in Melbourne on 28 July 2017, in which protestors marched to Flinders Street railway station then sat on the road and started a fire in a metal drum for the purpose of a smoking ceremony,^[22] blocking one of the city's busiest intersections.^[23] One man was arrested and the Metropolitan Fire Brigade extinguished the fire.

On 30 July, comedian Chris Lilley apologised for reposting a controversial video a few days after the verdict. It was a music video titled "Squashed Nigga" and was part of his 2011 TV comedy series, Angry Boys. It featured his fictional character S.mouse singing about an Aboriginal boy who had died from being run over by a truck and the video included a boy lying on a road. Many criticised the timing of the posting, however Lilley insisted there was no relation to "current news stories".^[24][25]

On 28 August 2017, police charged Elijah's father, Darryl, over an incident at the Kalgoorlie Magistrates Court. The distraught father was selected for a security search with a metal detector wand by a male Court Security and Custodial Officer, but police allege he failed to comply and left the building. Police claim Darryl was seen 'acting aggressively' towards a member of the public and allegedly assaulted a court officer causing minor injuries. He was charged with assault and released on bail after appearing at court where he pleaded not guilty. He is due to appear in court again on September 6.^[26]

The man responsible for the death of Elijah Doughty after he struck down with his vehicle and killed the teenager Elijah Doughty was granted parole after serving about 19 months behind bars.^[27]

Suicide prevention expert, academic and social justice advocate Gerry Georgatos who has supported^[28][29] the Doughty family since the tragedy stated in a contextually moving piece online that "Someone has to call out the perpetrator of Elijah's death for what he did. It was rage filled violence, of such intense rage that it was murderous."^[30][31]

References