Racism tainted investigation into 1987 deaths of Aboriginal teenagers, coroner finds
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A coroner has found that racism tainted the initial "inexplicably deficient" police investigation into the deaths of two Aboriginal cousins more than three decades ago. Aboriginal and Torres Strait Islander readers are advised this article contains the names and images of a people who have died. This story contains graphic details. New South Wales State Coroner Teresa O'Sullivan has delivered her findings into the 1987 deaths of Indigenous cousins Mona Lisa Smith, 16, and Jacinta "Cindy" Smith, 15. Jacinta "Cindy" Smith (left) and Mona Lisa Smith died in 1987.(Supplied/Graphics by Chan Woo Park) Magistrate O'Sullivan found their deaths were not adequately investigated by detectives and accepted evidence that racial bias played a role in these failings. The girls' bodies were found on the side of the Mitchell Highway, about 60 kilometres north of Bourke on December 6, 1987, hours after they accepted a lift from 40-year-old non-Indigenous man Alexander Ian Grant. Farm workers found Mr Grant, drunk and unharmed, lying on a tarpaulin with his arm slung across the exposed chest of Cindy, whose clothing had been interfered with. Mr Grant was charged with indecently interfering with Cindy's corpse and culpable driving causing the deaths of both girls. The girls were found on the side of the Mitchell Highway.(Supplied) He was acquitted at his 1990 trial after his lawyer argued that Mona was driving Mr Grant's ute when it crashed. The charge of sexual interference was withdrawn by prosecutors due to a technicality, without the family's knowledge. Mr Grant died in 2018. Magistrate O'Sullivan found Mr Grant's actions were "predatory and disgraceful" and said the evidence suggested he sexually interfered with Cindy after she passed. "I am satisfied there was some form of sexual interference," Magistrate O'Sullivan said. "This was in the nature of the touching of Cindy's breast or genital area after she had passed." She accepted evidence there was an "existence of racial bias within the NSW Police Force at the relevant time" that had impacted the investigation into the girls' deaths. Teresa O'Sullivan (right), seen here with barrister Emma Sullivan and Peggy Dwyer SC (centre) described Mr Grant's actions as "disgraceful".(ABC Western Plains: Zaarkacha Marlan) Magistrate O'Sullivan noted that the families of the girls were not dealt with in a respectful or appropriate manner after their deaths. She told the inquest the families' concerns about the investigation were "entirely vindicated" but had been "repeatedly dismissed" by authorities. "Given the deficiencies in the initial police investigation which have not been catalogued or acknowledged until this inquest, the perseverance and strength of the Smith families in pursuing justice in the form of answers and a thorough investigation - albeit many years too late - cannot be overstated," Magistrate O'Sullivan said. She said former lead detective Peter Eshman's willingness to accept at face value Mr Grant's statement that he was not driving was "surprising and concerning" and "wrong-footed" the investigation in its early stages. "It appeared obvious to me that Mr Eshman was not open to the clear possibility that Mr Grant could be lying," Magistrate O'Sullivan said. "For an experienced detective, he simply accepted Mr Grant's account at face value." Fiona Smith said she was relieved to hear the coroner's findings.(ABC Western Plains: Zaarkacha Marlan) Outside court Mona's sister Fiona Smith told the ABC she now had "peace of mind". "Today I'm just happy because of the acknowledgement, because at the end of the day I know in my heart Mona would have wanted people to know it wasn't just a car accident that went wrong, there was so much more," she said. "It was nothing else but racism that got us to where we are today, because if it wasn't for racism this wouldn't be happening." Detective Inspector Paul Quigg reinvestigated the case in 2019.(ABC Central West: Joanna Woodburn) Detective Inspector Paul Quigg began reinvestigating the girls' deaths in 2019 and identified numerous failures in the initial police investigation, particularly in the relation to obtaining and securing evidence. "Investigations today in 2024 use the same investigation techniques in 1987," he said. "Yes there have been advances in DNA, fingerprinting, forensic examinations, but still the basic rules of securing and obtaining evidence hasn't changed." Magistrate O'Sullivan praised former detective sergeant Raymond Godkin from the NSW Police Accident Investigation Unit, who attempted to reinvestigate the case in 1988 despite pushback from senior Bourke officers. The court heard it was "testimony to his dedication and strong moral code", but the failure of the initial investigation meant his intervention was "too late" and critical evidence was lost. Magistrate O'Sullivan recommended that the Commissioner of NSW Police create clear rules for reviewing investigations into deaths. She said these rules should cover how reviews were conducted, ensure transparency regarding process, involve experts if needed, and include consultation with the deceased person's family. The rules, she said, should follow the standard procedures used for reviewing homicide investigations. Ms Sullivan also said she would write to the Attorney-General highlighting the need for legislative reform to prevent sexual assault perpetrators and cases involving misconduct with regard to corpse from evading prosecution due to uncertainty about the timing of a victim's death. In a statement NSW Police said the findings had been noted. "A comprehensive review of the findings will be undertaken and any recommendations that are directed to police will be considered," the statement said. Get our local newsletter, delivered free each Friday'Surprising and concerning'
Intervention came 'too late'