Initial investigation in 1987 deaths of Aboriginal cousins' near Bourke contained 'major flaws', inquest hears
The stretch of Enngonia Road where the girls' bodies were found next to a ute wreckage. (ABC Central West: Joanna Woodburn)
An inquest has been told a non-Indigenous man should have faced manslaughter charges over the deaths of two Aboriginal girls in north west New South Wales 35 years ago.
Key points:
- An inquest resumes into the deaths of two Aboriginal girls at Bourke in 1987
- It hears of "serious" errors and "failings" in the police investigation
- A former officer in charge defends the treatment of a key police exhibit
Aboriginal and Torres Strait Islander readers are advised this article contains the names and images of people who have died. This story contains graphic details.
Detective Inspector Paul Quigg has been giving evidence about his role in reviewing and reopening the police investigation into a road accident on the Mitchell Highway between Bourke and Enngonia in December 1987.
The bodies of Mona Lisa Smith, 16, and Jacinta Rose Smith, 15, were found beside the wreckage of a white ute that had crashed.
Non-Indigenous man Alexander Ian Grant, 40, was in the vehicle at the time and was acquitted at trial in February 1990 for driving-related offences in relation to the accident.
The accident occurred 34 kilometres south of Enngonia on the Enngonia Road. (ABC Central West: Joanna Woodburn)
Detective Inspector Quigg was asked at the inquest in Bourke whether he believed the original charges laid against Mr Grant were appropriate.
"I believe manslaughter would have been more appropriate," he said.
The witness also gave evidence about the then director of public prosecutions' (DPP) decision to withdraw a charge of indecently interfering with a corpse before Mr Grant's trial.
"That was a legal decision by the DPP director of the time, but I believe that that charge sequence should have been proceeded with at the trial of the accused, Alexander Ian Grant," Detective Inspector Quigg said.
"I believe from the evidence that I've reviewed in relation to the brief of evidence, there was sufficient evidence to proceed with that particular indictment at trial."
A 2023 inquest into the girls' death had adjourned until this week for a further two days of evidence.
Mona Lisa Smith, 16, and her cousin Jacinta "Cindy" Smith, 15, died in 1987. (Supplied: National Justice Project)
The witness was questioned about a decision to store the white ute at Bourke's cotton gin, which had never been used to hold police exhibits before.
He told the inquest NSW Police would not have towed the vehicle to an unsecured area, such as this site.
State Coroner Teresa O'Sullivan put to Detective Inspector Quigg that it sounded like the ute had not been seized by police, just moved.
"That's correct, your honour," he replied.
'Major failing' in evidence treatment
Detective Inspector Quigg told the inquest "it was quite evident that there was major flaws with the investigation".
Detective Inspector Paul Quigg is in charge of the current police investigation. (ABC Central West: Joanna Woodburn)
"Being in major crime for 20 years, [I'd] identified unfortunately that a lot of basic investigation techniques, lines of enquiries, tasks had not been completed," he said.
"I can say that unfortunately the NSW Police investigation from 1987 onwards was inadequately conducted and that was a major failing in relation to evidence was lost.
"Subsequently the entire story of what happened to the two girls and Mr Grant's involvement in the incident, has left a lot of questions unanswered."
Former officer in charge questioned
Earlier on Tuesday, the officer in charge of the initial police investigation, Peter Ehsman, was recalled to give more evidence.
The former detective sergeant was questioned about why he did not charge Mr Grant with interfering with the corpse of Jacinta Smith, despite suspecting the man had done so because she was only partially dressed when found.
The Indigenous cousins died after a car crash near Bourke in 1987. (Supplied: Graphics, Chan Woo Park)
Counsel Assisting the Coroner Peggy Dwyer SC put to the witness that he did not personally charge the man with any related offence.
"I forget what charge I charged him with, but we looked up the appropriate charge," Mr Ehsman told the inquest.
"Even though you had suspicions that he had interfered with [Jacinta's] corpse, he wasn't charged [with a relevant offence] till May 1988. Do you accept that?" Dr Dwyer asked.
"No, I don't remember that," Mr Ehsman replied.
Probing for systemic racism
The inquest was examining whether cultural bias and systemic racism were underlying factors in the initial investigation.
It previously heard that the girls' mothers were not directly notified of their deaths by police and that Mr Ehsman had accepted Mr Grant's assertion that Mona Lisa had been driving the ute at the time of the accident.
"I'm not saying that you were intending to be racist, but that you made an assumption about a stereotype that either of these girls could drive. Do you accept that?" Dr Dwyer asked.
"No," Mr Ehsman replied.
A 1987 article in Western Herald reports the fatal crash. (ABC Central West: Joanna Woodburn)
The former police officer also countered evidence he had previously given that he never came across racial tension in Bourke during the 1980s.
"In hindsight, I've given it a fair bit of thought," Mr Ehsman told the inquest.
"I have heard that sort of language in various places, maybe in the police station, maybe in the blowing club, maybe in the community."
Forensic failings
Alleged failings in the initial police investigation are also being examined.
It had previously heard that the ute was stored at the Bourke cotton gin, despite the site having never been used before to keep evidence.
Mr Ehsman told the inquest he was not sure who made the decision to take the vehicle to the cotton gin and was not aware of claims Mr Grant had worked at the site at some point.
He was also questioned as to why it was important that statements were taken from people who had custody of police exhibits.
"In this instance, this was a serious error in how this investigation was conducted," Dr Dwyer asked.
"Yes, maybe," Mr Ehsman replied.
Dr Dwyer also put to the witness that the storage and transport of the vehicle compromised the investigation.
"To a certain degree, yes," Mr Ehsman said.
Sergeant Robert Burlin from the NSW Police Southern Region Crash Investigation Unit has also been called to give evidence about his work re-examining aspects of the initial investigation.
He told the inquest a number of tasks, such as the crime scene examination, the taking of statements and the acceptance that Mona Lisa was driving, were inadequate.