JUSTICE FOR ELIJAH

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On 29 August 2016, my Grandson Elijah Doughty, aged 14 at the time, was killed when he was run over at Gribble Creek in Kalgoorlie by a middle-aged Caucasian male.

On 30 August 2017, the defendant was scheduled to appear in the Kalgoorlie Magistrates Court; however, the appearance was postponed due to a demonstration outside the Court House on Hannan Street.  The demonstration developed into a state of public unrest because the Aboriginal Community believed that a charge of murder should have been preferred by the Prosecution.

Crucially, prior to the young boy being run-over, the Aboriginal Community had become aware that some Kalgoorlie residents were posting racially motivated comments on Facebook advocating for vigilantism.

The Whine and Crime page caused many within the Kalgoorlie Aboriginal community significant distress because patrons posting on that Facebook page were making reference to members in the Aboriginal community by posting photos of Aboriginal youth and stating: “Run them over”, “Fucking are holes gina. I’ll run them over for ya buddy if I see them”, “Run the fuckers over” and “How many human bodies would it take to fill all the mineshafts around Kalgoorlie”. 

It is clear that the Aboriginal community took umbrage to what they perceived was a campaign of racially motivated vilification and vigilantism targeting Aboriginal children in Kalgoorlie.

Saliently, the Police had advised the killer that dirt-bikes often end up at Gribble Creek Reserve and suggested that he search the Gribble Creek area to locate his motorbike. 

At approximately, 8.30a.m. on 29 August 2016, the killer was parked at the edge of Gribble Creek, listening for motorbikes and lying in wait until he saw a figure riding a bike that resembled the bike that he had reported missing the day before.  According to the evidence given in the Supreme Court, the killer waited in his car until he seen his motorbike riding through Gribble Creek before he began to pursue the motorbike along a dirt road in Gribble Creek.

During the hearing in the Supreme Court of Western Australia, the forensic pathologist explained to the jury that Elijah’s injuries included the following injuries:

1.      Skull was split in half,

2.      Brain stem severed,

3.      Spinal cord severed,

4.      Most of Elijah’s ribs had been broken,

5.      Fractured pelvis, and

6.      Severe injuries to his leg and ankle.

On 21 July 2017, the killer was subsequently acquitted of manslaughter, but was found guilty of the lesser charge of dangerous driving causing death and received a 3-year jail term. 

The killer is due for parole 26 February 2018

Elijah has not received justice.  The Family do not want the killer released.  The family's lawyers are working on taking this issue further.

With respect to the suppression and non-publication order, Elijah’s family requests assistance and/or intervention by the Attorney General and Director of Public Prosecutions to lift or vary the conditions attached to the Suppression and non-Publication Orders made by the Supreme Court of Western Australia because it is impeding in the proper administration of justice.

1.      We urge the Attorney General to join in an application to the Supreme Court of Western Australia to lift or vary the Orders to ensure that the proper administration of justice can occur openly without fear or favour.

2.      We urge the Attorney General of Western Australia and Director of Public Prosecutions to intervene and recommend that parole be refused.

 



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