Special investigation: Never-before released coronial data of dire death rates among jailed

“She went in homeless and she came out homeless and then she passed away.” This is how Noongar elder Graham Woods, 67, talks about the recent death of his niece. When the 42-year-old mum of two was released from Bandyup Women’s Prison earlier this year, she was hoping to turn her life around. The woman, who The West has chosen not to name at her family’s request, had been referred to a prisoner release support program and according to Uncle Graham was desperate to be reunified with her youngest daughter, who was in State care. There was one major problem. She couldn’t find accommodation. She had been homeless and transient before she was jailed and post-release it was the same story. Eight weeks following her release, she was dead of a suspected heart attack. She had pre-existing heart problems which had been difficult to manage without stable accommodation. “She had a mother and a daughter who was also homeless. She was very stressed ... I think it might have brought the heart attack on,” Uncle Graham said. The story is sadly common. A special investigation by The West Australian can reveal never-before released coronial data which highlights the dire rates of premature deaths among those who have spent time in jail. The data, which The West commissioned from the National Coronial Information System, shows that in the five-year period of 2015 to 2019, there were at least 139 deaths of people who had previously been jailed reported to the WA Coroner. Of the deaths, just 6.5 per cent were due to natural causes. Most were due to suicides or pharmaceutical drug overdoses. Aboriginal people were over-represented in the data, accounting for 20 per cent of the deaths despite representing only 4 per cent of the WA population. Advocates who spoke to The West Australian said while there had been a rightful focus on Indigenous deaths in custody, people dying after release from custody was equally a blight on the justice system. This was particularly true where people had died within mere weeks of being released and where people were frequently being released into homelessness. ALMOST 150 DEATHS IN FIVE YEARS The coronial data obtained by The West shows that most of the people who had been previously jailed died decades younger than the average Australian life expectancy of 83. The majority were under the age of 50 and more than one in five was 30 or younger. About half of the deaths — 64 of the 139 total — were due to pharmaceutical drug overdoses. And more than one in three — 49 deaths — were due to intentional self-harm. The total number of deaths is likely to be the tip of the iceberg, because reference to jail history is not always included in coronial investigations, meaning there could have been more deaths which were not captured in the data. While there is a legal requirement for a coronial inquest to be held when someone has died while in custody, there is no obligation for an inquest to be held when someone dies following their release. The West Australian is also aware of at least six cases this year where people who were understood to be homeless have died within 12 months of having some form of contact with the justice system. All six of these cases are believed to relate to Aboriginal people. Court lists obtained by The West Australian show many of them were regularly in and out of court on petty charges such as cannabis possession, failing to obey a police direction and disorderly behaviour in public. Proud Minang Noongar man Mervyn Eades is chief executive of Ngalla Maya which provides training and employment opportunities to Aboriginal people following prison release. Mr Eades, who has previously spent time incarcerated himself and whose younger brother took his own life in jail, said the issue of people dying following release had been long overlooked. He knows families who had recently lost loved ones following their release from prison and said housing was a major factor. “I can imagine the mind space where a lot of people are where they do die after they come out of prisons — either by suicide or drug overdose — the sense of hopelessness and helplessness is set right into their hearts and their minds that they don’t feel worthy and nothing around them seems to be good in their lives,” he said. “If you’ve got nothing to wake up to then that begs the questions of ‘why am I existing?’ “There are many solutions, but housing and support are at the top especially housing ... if they’re bouncing from couch to couch, there’ll be no real stability in their lives. That would be heartbreaking for the best of them. “Not being able to provide for your family, that brings about self-worth and hope and it would fully deteriorate when you can’t provide for your family.” REJECTED FOR ACCOMMODATION For Uncle Graham, the recent death of his niece just eight weeks after her release from prison is particularly painful because it brings up memories of the loss of other family members. More than 20 years ago he lost two brothers. One was a death in custody and the other died in strikingly similar circumstances to his niece — passing away from health-related conditions a few weeks after he was released from prison into homelessness. “One of my eldest brothers died the same sort of thing. He came out of prison, he went out and he was homeless too and died through the same sort of way,” he said. “If you got a home, you’re more settled and I think (my niece) if she had been housed she would have been more settled, she wouldn’t have been stressed out about where she was going to go and all this.” Uncle Graham, who is a Stolen Generation survivor who grew up on Gnowangerup and Norseman missions, is currently homeless himself while trying to manage a serious lung condition. He also spent time in prison about 10 years ago and describes the line between homelessness and jail as a pattern. “It’s sad, it’s a pattern. I come from a mission boys home and then jail,” he said. “It is a cycle and it’s still going, even with myself it’s been going on forever. (They say) ‘we’ll house you, we’ll house you’.” He says the recent deaths have made him fear for his own future. “Sometimes I think, am I going to go that way? Because I’m homeless and my health … If I get pneumonia or if I get this virus (COVID) then I’m dead for sure, because my lungs are gone,” he said. The West Australian has obtained an email sent by the caseworker for Uncle Graham’s niece in the weeks leading up to her death. It reveals she was urgently trying to find accommodation but had been rejected. “(The woman) was released from custody on 1/04/2021 and reports being homeless or transient for the past few years ... In the past three months prior to her release I sent a number of referrals to accommodation providers who have either declined it due to her past issues and arrears, or reported that they are full,” the case worker wrote in an email to another service provider. “Since release we have also contacted entry point and crisis care in addition to a number of women’s refuges, all once again reporting that there is no availability. “At this time her biggest barrier is financial as she was released with no savings and is having to start over again. She also has her 19-year-old daughter who she supports financially who is also currently homeless. (The woman) has a number of health conditions including a heart condition and would benefit from her own affordable housing. “She also lost her husband a number of years ago and is attempting to work with DCPFS towards contact with her youngest daughter.” Uncle Graham said he would like to see an inquest into his niece’s death to fully investigate how it happened. “WE ALL DESERVE A CHANCE” Others who have lost family members following their release from jail said their loved ones faced trauma early in life which had not been dealt with by the prison system. Annie, not her real name, lost her sister about six years ago after she took her own life about 12 months after her release from jail. She died the day after she was evicted from her public housing property. Annie’s cousin, who was 27, also died by suicide in July. He had been in court earlier this year and was homeless while facing further court dates. The park where he took his own life is about three streets from where Annie’s sister died. As in many of the cases, the family have suffered severe intergenerational trauma. Annie’s grandparents were part of the Stolen Generation and grew up on WA missions. Annie, a Noongar woman, said she and her sister had been homeless from the time they were teenagers. “We were three years apart, but we grew up close on the streets as teenagers, she had a rough life,” Annie said. “Domestic violence, in and out of juvenile, in and out of women’s prison. She spent a long time in jail. She’d get out for a little while and she’d go straight back in. “There’s a lot of guilt, of knowing that she felt there was no way out. She left behind three kids as well. It shattered me. “I have no faith in the system at all. In any system, whether it be the system of the law or anything with the government systems.” Annie said she had also spent time incarcerated and, like her sister, would most often be released into homelessness. Living on the streets they often took drugs because they were too scared to go to sleep. “A lot of the crime we did, it was out of boredom and our drugs habits at the time. We were doing drugs because we didn’t know where we were going to sleep, so we were doing drugs and then we wouldn’t sleep,” she said. About a year ago Annie became pregnant while homeless. She got what she describes as her “big break” when she was approached by a man who had said he had noticed her sleeping rough across the road from his property. He told her if she had an income he would rent the place to her. “From then everything sort of changed. It made a massive difference as you don’t have that stress where you’re going to lay your head at night,” she said. Annie’s daughter has now turned one and is named after her sister. Annie has six children, but her baby is the first one which hasn’t been taken into State care. Asked what her hopes for her daughter’s future are and she answers “everything”. But Annie remains fearful. She is once again homeless and is couch surfing with her daughter while on the priority public housing waitlist. It’s been three years since Annie was last incarcerated and released into homelessness. She believes there desperately needs to be more support for people post-prison release. “We all deserve a chance, a lot of people aren’t willing to give someone who doesn’t have rental history a chance,” she said. “Being released from prison straight into the streets, there’s nothing for us to do than go back into what literally sent us to prison in the first place.” Noongar elder Vanessa Culbong is homeless and is also related to some of the women who have recently died while rough sleeping. Ms Culbong said among the homeless community most people had spent some time in prison. “I’m looking around (at other homeless people) and I can say honestly besides two of us everybody’s been to jail,” she said. She said the deaths had a profound impact on the community and she wanted to see justice for those who had passed away. “I’ve lost a lot of extended family members and cousins in the last 12 months or so,” she said. “The way things are for us, there’s no light at the end of the tunnel. I can’t really see happiness being attained. “All the social issues that people in a society deal with they’re connected and if people don’t have a basic human rights foundation of housing, how are they going to take care of their health? How will they get their children reunified? How will they keep our families out of prison?” WITHOUT HOME MORE LIKELY TO OFFEND Sophie Stewart is campaign manager of Social Reinvestment WA, an Aboriginal-led coalition of 25 not-for-profits working to end the over representation of First Nations people in the justice system. Ms Stewart said releasing people into homelessness or with little support meant people were more likely to return to jail. “A significant number of people who leave prison in WA have no accommodation to go to,” she said. “With the housing crisis in WA, rentals and emergency accommodation are more full than ever. People who have been in prison bear stigma that makes it even harder for them to get into a home. “And without a home, people are more likely to return to prison. Recidivism figures in WA are over 50 percent, meaning jail is failing to effectively rehabilitate and reintegrate people. “There is an undeniable and inextricable link between homelessness and the justice system. More than half the people being released from prison expect to be homeless.” She said services were “working their hardest but they can only work with the resources that are available” and in August, two major housing suppliers had stopped taking any new referrals because there were simply no more places. Recent cases where homeless people had died not long after contact with the justice system were “deeply concerning and heartbreaking”. “In a wealthy nation like Australia, no member of our community should be left to die on the streets. It is even more disturbing that this too often is happening to Aboriginal and Torres Strait Islander people,” she said. “There are already existing plans and solutions to support the most vulnerable members of our community better and at the heart of this is social reinvestment. “We need urgent and ongoing commitments to funding supports for people in the community, rather than punitive approaches.” She said the $875 million announced in last week’s Budget for social housing was crucial. “We don’t have to wait until people are in absolute crisis to provide help. And it’s actually significantly more cost-effective to provide help early on,” she said. “Communities have been crying out with solutions for years — we just need to listen to their voices, and design programs in true partnership with lived-experience people.” RELEASED PRISONERS DO NOT HAVE PRIORITY A Department of Justice spokesperson said “homelessness is a complex issue affecting many people in the community, and Department of Justice clients do not have priority access to accommodation over other vulnerable cohorts”. “The Department of Justice, in releasing prisoners to the community, will direct those who state they are homeless to the appropriate support and services,” the spokesperson said. “The Department of Justice is running two three-year pilot programs at Perth Magistrates Court, as part of the Justice Reform Program. “These include the Bail Support Service, delivered by the Aboriginal Legal Service WA and Legal Aid WA, in partnership with the department. The respective bail support services, working closely with the agencies’ legal services, provide support to accused persons while on bail, referring them to community services to address their needs, including accommodation needs. “Place of residence is usually something considered by a magistrate when granting bail. The reality is people often move accommodation during a period of bail.” The spokesperson said the requirement for a prisoner to have suitable accommodation upon release was also a primary consideration of the parole review board. “Adult Community Corrections assist prisoners, who are under consideration by Prisoners Review Board for release to parole, in preparing a parole plan which includes suitable accommodation,” the spokesperson said. Justice programs worked with non-government organisations to provide Statewide reintegration services to prisoners “according to their risk and need”. “Reintegration services are voluntary and primarily focused on planning for re-entry into the community. Services generally commence while a prisoner is in custody for a period of up to six months and can continue for up to 12 months post release. “Prisoners referred to reintegration services may be assisted while in prison prior to release, in the community post release, or both pre and post-release. “Referrals are made in accordance with need.” The spokesperson also referred to reform programs run by the Department of Justice, including the Justice Reform Program which provides support services for remand prisoners released on bail from Perth Magistrates Court, through the Bail Support Service and General Court Intervention Program. “The department is also in partnership with Connect Wanju, a collaboration between the Wungening Aboriginal Corporation and the Palmerston Association, running a three-year pilot General Court Intervention Program at the Perth Magistrates Court to assist persons in need on bail,”the spokesperson said. Department of Communities executive Andrew Geddes said both Uncle Graham and Annie had active public housing applications and would be contacted when they reached their turn and a suitable property was available. He said Communities did not withdraw public housing applications on the basis that an applicant was incarcerated. “When an applicant is released from incarceration, they are required to contact their local office and provide information on their circumstances and contact information,” he said. “Communities’ rental policy states that tenants sentenced to a term of imprisonment of six or more months will be considered to have ceased to occupy the property from the date the sentence is ordered. “The tenant will be requested to formally vacate their tenancy or Communities will commence action to recover the property.” He said if a public housing tenant was imprisoned for less than six months the tenant could seek written consent from Communities to be absent for the term of imprisonment or have someone house-sit while they are in prison. “If the tenant is charged but not incarcerated, Communities is not authorised to take any action against the tenancy in relation to the charges,” he said. “The six-month time frame assists staff to assess individual cases of tenant imprisonment resulting in non-occupation of the property. “If it is known that a tenant is serving a short sentence and intends to return to the property following their release, Communities allows this to occur to prevent the tenant being at risk of homelessness upon release, or needing to reapply forthe public housing waitlist.” He said the Department of Justice was responsible for coordinating services to help prisoners re-enter the community. WA Police said due to respect for privacy they could not release any details relating to custodial history of people who had recently died. “Homelessness is not a criminal matter, and the WA Police Force is committed to supporting the Department of Communities, local government and NGO outreach services to end homelessness as part of the Department of Communities 10-Year Strategy on Homelessness 2020-2030,” a police spokesperson said. “Where appropriate, police will attempt to link homeless people to both government and non-government outreach services and accommodation that can provide assistance to them.” WHAT THE CORONER FOUND Between 2015 and 2019 there were 139 deaths of people who had previously been jailed reported to the WA Coroner. Just 6.5 per cent of the deaths were due to natural causes, with 93.5 per cent due to external causes. Aboriginal people were over-represented in the data making up 20 per cent of the deaths, despite being only 4 per cent of the WA population. More than one in three of the deaths (37.7 per cent) were suicides. Pharmaceutical drug overdoses accounted for nearly half of the deaths. The majority of the deaths were people under the age of 50 with one in five under 30. Know more about this story? Please contact annabel.hennessy@wanews.com.au Lifeline 13 11 14 1800 RESPECT