Eddie's Country Campaign

After the publication of "Eddie's Country" many people began calling on the NSW Government to launch an immediate inquiry into its handling of the Eddie Murray case.

Eddie Murray died in a police cell in Wee Waa, NSW in 1981. Since that time there have been no less than five investigations by various arms of the NSW and Federal government, yet still significant questions remain about Eddie's death.

This page describes the attempts made by this author to encourage the NSW Parliament's General Purpose Standing Committee Number Three (GPSC#3) to instigate an inquiry into the NSW Government's handling of the Eddie Murray case.

Campaign


Aboriginal and Torres Strait Islander viewers of this page should be aware that seeing images of deceased persons or reading their names may cause sadness or distress and in some cases may offend against cultural prohibitions.

All viewers of this page should be aware of the cultural sensitivity of some of the issues and material which this site discusses. Please be aware of the sensitivities of the living relatives and friends of those whose stories are recorded on this site.



Why hold an inquiry?

The initial police inquiry did not consult Eddie's parents, despite the arresting officers' contention that Eddie had committed suicide.

The Inquest found at least one policeman lied, when he claimed to be picking up his wife from hospital at the time of Eddie's death, yet hospital records produced in the court showed she'd been discharged the day before.

A subsequent secret police inquiry again failed to question Eddie's parents.

At the Royal Commission into Aboriginal Deaths in Custody police were found to be unreliable and dishonest in discharging their evidence- yet the Royal Commissioner failed to establish why police were behaving in this way.

The onus was put on Eddie's parents to present further evidence on the matter, which they did when Eddie's remains were exhumed in 1997.

Although it was revealed his sternum was broken, an injury undisclosed at the original post mortem, a three year 'preliminary investigation' by the NSW Police Integrity Commission failed to question police under oath, and the PIC is refusing to release the results of its inquiry to the public.'



The Vote Against An Inquiry

In early December 2007, a meeting of GPSC#3 voted against holding an inquiry into the Eddie Murray case. My understanding is that the vote was one for (Lee Rhiannon) and six against (everyone else.)

A letter sent to me by Amanda Fazio said, in part, '...I must advise that the Committee did not resolve to initiate an inquiry along the lines suggested by you in your correspondance. For the Committee to itself initiate an inquiry it is a requirement that at least three members of the Committee first propose a terms of self-reference for consideration by the full committee.

In its discussions the Committee was mindful of the anguish of the Murray family but did not want to falsely raise expectations of an outcome that it felt would not be realized through an inquiry conducted by a General Purpose Standing Committee.

An inquiry into the circumstances surrounding the death of Mr Murray and of the investigations that have been carried out would require an in-depth examination, more than likely on a confidential basis. The Committee decided that a parliamentary inquiry with its emphasis on hearing evidence in public and without specialist investigative staff was not the appropriate body to investigate and examine such complex matters.

Yours sincerely
Amanda Fazio'

So there you go.

The committee didn't say there was no injustice in this case, but instead said it wasn't the appropriate body for such an investigation. It did not recommend the case to a more appropriate body, or even name what that body might be.

The committee noted 'the anguish of the Murray family' but then took eighteen months (if you count the contact made by this author to the previous incarnation of the committee last year, -see details at the bottom of this page- which was also chaired by Ms Fazio) to decide it wasn't the appropriate body!

The committee generated a small report from the NSW Attorney-General's office which was supposed to describe the post-death actions of governments and investigative agencies regarding the matter. It was woefully incomplete.

  • It failed to mention the Parrington investigation in 1982.
  • It summarised Commissioner Muirhead's Royal Commission investigation with the 'more probable than not that death resulted by Eddie's own actions' quote, however conveniently ignored Muirhead's findings regarding the honesty of the police giving evidence to his hearings, (he found some dubious testimony had been given by all of them.)
  • It failed to mention that despite police having lied at the Commission (none of the four admitted to writing the Occurrence Pad entry for the day of Eddie's death, similarly none of them admitted to assisting the ambulance office remove Eddie's body from the cell- so at least one officer definately lied to a Royal Commission) the NSW DPP didn't investigate this and failed to make any charges.
  • It failed to mention the report commissioned by NSW Police Minister Paul Whelan by the solicitor Neil Ball which recommended a further investigation into the case.
  • It failed to mention a subsequent legal brief also commissioned by Paul Whelen which presumably also recommended further investigation.
  • It failed to mention Paul Whelen's comment to the Murray family (as Minister for NSW Police) that if the PIC failed to investigate the matter fully then this was 'not the end of the line' for the case.

And Ms Fazio, and presumably most of the other committee members of GPSC#3, also conveniently ignored the central premise of my inquiry proposal, which was not a review of the case, but a review of the NSW government's handling of this matter. As this case has now dragged out for twenty-six years, and as both Labor and Liberal governments have been in power, and as successive premiers, police ministers and attorneys-general have held their respective portfolios, there was no reason it should have been perceived as a witchhunt against the current administration. In fact it was a chance for the current administration to throw off the lacklustre actions of the past and finally move towards justice in this case, to make a postive move towards practical reconciliation.

The disappointment in Arthur Murray's voice was palpable as I relayed the new of the committee's decision to him. He repeated his assertion that there is two kinds of justice in Australia, one for blacks and one for whites. With the results of this attempt at an inquiry fresh in my mind, I could only agree with him.

Scroll down the page to read the full summary of other events in this inquiry proposal, including the actions, insidious and otherwise, of individual committee members. It is in reverse chronological order, with the most recent events described at the top of the page.


The Proposal For A Presentation

The General Purpose Standing Committee#3 met on 15 October and voted to defer debate on holding an Inquiry until there was time for a full discussion on the matter. I had sent the following letter to the committee members.

Dear Committee Members
Thankyou for deciding to look further into my proposal for an Inquiry by GPSC#3 into the Eddie Murray case.

I have recently spoken to several members of Mr Murray’s family and they all indicated they were very happy that there was still potential for justice to be seen to be done in this case.

My understanding is that GPSC#3 intends to hold a longer debate as to whether the matter should be looked into.

I would like to make some suggestions regarding this meeting, and what could occur prior to it taking place.

Firstly, in 2000, the NSW Government asked a NSW Police Special Operations Command solicitor, Neil Ball, to look into and report on the Eddie Murray case. My information suggests that Mr Ball is no longer employed by NSW Police however it’s possible he (or someone in a similar position) could be tasked with updating this report and presenting these findings to GPSC#3. (Material could be obtained from information available describing the NSW Police Integrity Commission’s so-called ‘preliminary investigation,’ the NSW Police Integrity Commission’s Inspector’s correspondence with this author, and material available in this author’s book, Eddie’s Country, published in 2003.)

Secondly, in 2001 the NSW Government asked Counsel for the Police Service to also provide it with advice, and possibly this advice could be similarly updated.

Finally, I would ask that I and Arthur Murray (health permitting) address GPSC#3 and give a presentation outlining the case for an Inquiry into the NSW Government’s handling of this case.

I look forward to your positive response to these suggestions.
Kind regards
Simon Luckhurst


Initial Contact With The Current Incarnation of GPSC#3

The following letter was sent on 9 September, 2007 to Amanda Fazio to be distributed amongst the committee members of GPSC#3, the NSW Government General Purpose Standing Committee #3. The Committee was reestablished on 10 May 2007 to inquire into and report on any matters referred by the NSW UpperHouse; particulary matter relating to the the expenditure, performance or effectiveness of any department of government, statutory body or corporation; any matter in any annual report of a department of government, statutory body or corporation in a number of portfolios including those of the police, attorney general, justice and Aboriginal affairs.


Dear Amanda Fazio and the Committee Members of GPSC#3
I write to you to ask you to consider conducting an Inquiry into matters arising since the death in police custody of Eddie Murray in Wee Waa (north west NSW) in 1981.

I strongly support an Inquiry by the NSW Parliament's General Purpose Standing Committee #3 looking into the Eddie Murray case.

Having written a book on this case, I have many misgivings regarding the matter. The book brought together most of the relevant material on the case into one cohesive whole for the first time. It was written after extensive interviews with many of the key participants after six years of research, and draws upon the various attempts to investigate the matter by various instruments of the Commonwealth and NSW government. As the book exposes the weaknesses and failures of all these investigations, I believe justice for the Murray family can only be obtained by a thorough inquiry into the case as outlined in the following proposed terms of reference:

That GPSC 3 inquire into and report on the circumstances surrounding the death of Eddie Murray in 1981, with specific reference to -

1. The findings of the Royal Commission into Aboriginal Deaths in Custody under Justice James Muirhead which found parts of the testimony offered by the police on duty on the day Mr Murray died was unreliable.

2. The failure of the NSW Director of Public Prosecution to investigate the findings of the Royal Commission.

3. The report of the NSW Police Internal Affairs and Special Crime branch in 2000 that highlighted shortcomings of previous investigations into the death of Mr Murray.

4. The "preliminary investigation" of the Police Integrity Commission into the death of Mr Murray.

5. Any other related matters.

Intended Outcomes
It is hoped that an Inquiry by GPSC#3 would clarify and resolve matters relating to the Eddie Murray case, specifically, since the publication of 'Eddie's Country', to:

Determine whether Aboriginal people, and the general population, of NSW can feel confident that the NSW government has acted appropriately to investigate the Aboriginal death in custody of Mr Eddie Murray given the information contained in 'Eddie's Country'

Determine whether any further inquiry should be instigated into the matter by the NSW government

Determine whether the Murray family should receive any compensation from the NSW government

I strongly urge you to give your support to this Inquiry proposal. The Murray family are as deserving of justice as any other family in NSW. Please give this matter your strongest consideration.
Sincerely
Simon Luckhurst


Response of Individual Committee Members




The Hon Amanda Fazio (ALP, Committee Chairperson Legislative Council)
Amanda emailed back the day after I sent the letter saying 'I will have this letter sent to all the committee members and will have it placed on the agenda for the next meeting.' I have to say that Amanda acted professionally with regard to this matter, if you take professionally to mean dispassionately and without apparent care for the pain of a grieving family. The fact that it took eighteen months from my first approach of Amanda to the point where she decreed that GPSC#3 wasn't the appropriate body for this inquiry. I mean, it only handles Law and Justice and Aboriginal issues, so I can't imagine why I thought it might be the correct committee to approach. One could suggest that as chairperson, Ms Fazio might have looked into the appropriateness, or otherwise, of GPSC#3 to handle the case when they were first contacted. It's actions like this which demonstrate the ALP's true position on Aboriginal issues in NSW. How can there be any hope for true reconciliation where the actions of the past are ignored, and where it takes a year-and-a-half for a committee to even decide it can't hear about a matter? Ms Fazio certainly acted professionally, if you take professionally to mean without regard for justice in this case.
The Hon John Ajaka (Deputy Chair, Lib, Legislative Council)
Mr Ajaka quickly responded to my email. He said, 'I have read with interest each of the matters forwarded by you. I will of course discuss this matter at the next GPSC#3 committee meeting. Please do not hesitate to forward any further information for my consideration.' Arthur Murray and Simon Luckhurst subsequently met with Mr Ajaka, who indicated he would support an Inquiry into the matter. Mr Ajaka appeared to be an honest person, however it is my understanding that he ultimately voted against GPSC#3 looking into the case, and he hasn't contacted me since. Did they get to you, John? Did they make some deal to keep this matter quiet? Despite your high salary you even accepted a free copy of 'Eddie's Country'. Did you ever read it? Being a politician, even a Liberal politician, is about more than lip service, you know. Remember the line from Martin Luther King Jr which you quoted in your maiden speech to parliament and which also appears on the frontspiece of 'Eddie's Country,' "Injustice anywhere is a threat to justice everywhere.' It didn't take long for you to show what you really thought of this statement, did it?
The Hon Greg Donnelly (ALP, Legislative Council)
No response as yet. Not a word. Hello? Remember when the ALP used to be the party of the people, Greg? When social justice counted for something.
The Hon Trevor Khan (Nat, Legislative Council)
Mr Khan emailed me and said, 'Dear Simon. Thanks for your email. I am familiar with some aspects of (this case.) It is probably not appropriate for me to express a view at this stage, independent of the other members of the Commitee, but will welcome the opportunity of discussing this at the next Committtee meeting.' On a later representation (as described above), Mr Kahn wrote: I am favourably disposed to the three suggestions that Mr Luckhust makes.' In the end, however, Mr Kahn seems to have succumbed to the pressure put on him by the ALP and voted against the proposal that GPSC#3 do anything in this case.

On 18 January 2008 Mr Khan emailed me again. His letter follows:

Dear Simon,
I have had the opportunity of recently looking at your website and note the comments you have made about various members of the GPSC 3 Committee. I feel I must point out that some of the comments and conclusions you make about members of the Committee are at best "inaccurate". I will only refer to your comments regarding two of the members of the Committee, simply for the sake of brevity.

Firstly, whilst I am sure Amanda Fazio can answer for herself I should point out that in the deliberations in which I was involved she showed nothing but sympathy for the plight of Eddie Murray's family and indeed, my experiences with her generally over the past year indicate she has great sympathy and concern for the aboriginal community at large.

Secondly, with respect to John Ajaka, your comments are misplaced. During deliberations Mr Ajaka was in favour of the matter proceeding before the Committee at least to the stage of hearing from you. I note also that Mr Ajaka did not vote against the holding of the inquiry. In short, you have entirely and quite wrongly misjudged John's role.

I should conclude by noting that in the end I did not support taking this matter forward before the Committee. This position was not due to a lack of sympathy for your cause, or for the concerns of the Murray family. Instead the conclusion I reached was that the Committee was not the appropriate body to undertake the investigation you seek. What you were seeking the Committee to do was undertake a quite exhaustive investigation more appropriate for a Coroner or Royal Commission.

In short you were seeking to use the Committee to perform a task it is neither equipped or perhaps designed to undertake. I hope this clarifies the situation and invite you to reconsider some of the conclusions you have expressed.
Regards
Trevor Khan MLC

I responded to Mr Khan with the following letter:

Mr Khan
Thanks for your note. Frankly, I find it disappointing that this is the longest communication I have had from you. It seems that you are more concerned with alleged misrepresentation of GPSC#3 and its deliberations than you were with any aspect of my proposal for an inquiry.

My issue with GPSC#3 and its deliberations on the Eddie Murray case are this. I first contacted the previous incarnation of the committee nearly two years ago. Why does it take two years for a committee to decide it's not the appropriate body to look into a matter? Surely such a decision is procedural and could have been dealt with relatively quickly. GPSC#3 also did not deny that the case may need to be looked at, but did not bother to suggest which body would be appropriate. Your note suggests that the Coroner or a Royal Commission might be appropriate to look at the case, but you offer no support for such a proposal. Are you now going to contact the Attorney General's office and propose an inquiry?

Secondly, my information was that all the committee members bar one voted against an inquiry. Since Mr Ajaka has not bothered to contact me since the meeting, or reply to my last email, I have had to rely on my single source for this information, for, as you know, committee minutes are not available to the public. Score another one for 'open governement.'

And finally, I specifically asked for GPSC#3 to examine the NSW government's handling of the case over the last 26 years, not the case itself. The fact that GPSC#3 seemed unable to make this distinction is frankly alarming.

I remain bitter, disappointed and believe that matters like this concerning Aboriginal injustice are low priority in the minds of NSW parliamentarians, and remain to be convinced otherwise.
Kind regards
Simon Luckhurst



Mr Khan replied:

Simon,
Thank you for the feedback and I note your disappointment and bitterness.

There appears little point in me debating with you further on this matter as it appears to simply lead to another allegation of impropriety or shortcoming on my, or someone else's, part.
Regards,
Trevor Khan

I responded:

Hi Trevor
Unfortunately I'm not in parliament so I can't pick up this case and run with it as I believe should happen. I only blame because someone in a position of responsibility really needs to get behind the matter, and no-one has.
If you want to support it further I have a number of options I could suggest to you.
Please let me know.
Simon

Amazingly, I haven't heard from Trevor since so I guess he's not interested in hearing my ideas, nor in finding justice for the Murray family.
The Hon Roy Smith (Shooter's Party, Legislative Council)
Roy initially indicated by phone that he would like to find out more about the case and was working with GPSC#3 for this to happen. Ultimately, however, I heard nothing more from him, despite my attempts to call him, and Roy appears to have decided to remain ignorant of the true issues of this case.
Ms Lee Rhiannon (The Greens, Legislative Council)
Indicated her support for the inquiry. At all times Lee was consistently helpful, responsive and true to her word on the issue.
The Hon Helen Westwood (ALP, Legislative Council)
No response as yet. Helen, I left several messages at your office. Were you given them? What do you actually do, besides not responding to letters mailed to you as part of your tax-payer funded area of responsibility? This is one of the more pathetic acts of political apathy I have ever experienced.



Comments from last year's Inquiry attempt




The Hon Amanda Fazio MLC (ALP, Committee Chairperson Legislative Council)
Amanda didn't reply to the original mailout or the followup, however she eventually returned a call I made to her office. She then proceded to be extremely helpful. She indicated she was willing to consider supporting an Inquiry. She suggested Lee Rhiannon would also be likely to support it. She described how it would take a majority of Committee members to vote for an Inquiry, and pointed out that the NSW Attorney General and/or the NSW Minister for Aboriginal Affairs could also call for an Inquiry to be held. Then she pointed out that with the NSW election due in March next year Parliament was due to be porogued (suspended) from November 2006. This means that for the MPs and Committees, little or nothing gets done for five months. Even if a Committee has decided to conduct an Inquiry into Eddie's case there was no guaranteee that the incoming Committee would continue with the investigation. In short, she suggested it was better to wait until after the election before proceeding with the campaign.
The Hon Jon Jenkins MLC (Outdoor Recreation Party, Legislative Council)
I didn't hear a word. I don't know how much these people get paid exactly, but I know it's a reasonable amount, and you'd think they could at least acknowledge a letter.
The Hon Charlie Lynn MLC (Lib, Legislative Council)
No word from Charlie either. Pathetic. Another dead weight around our electoral necks?
The Hon Eddie Obeid MLC (ALP, Legislative Council)
Nothing from Eddie. Disgraceful.
The Hon Greg Pearce MLC (Lib, Legislative Council)
You'd think they had some sense of responsibility, wouldn't you?
Ms Lee Rhiannon MLC (The Greens, Legislative Council)
Lee had already told me that she would support an Inquiry prior to the call I had from Amanda Fazio. She has, of course, already given great support to the case via her speeches in parliament. And of course she launched the book. She's a trooper.
The Hon Ian West MLC (ALP, Legislative Council)
In eary September 2006 I had a conversation with a staffer from Mr West's office. He told me that Mr West had referred my correspondence to the NSW Minister for Aboriginal Affairs, Mr Milton Orkopoulos. He also suggested that Mr West would call or email me regarding my request for an Inquiry. I am still waiting for further communication from Mr West's office.
Bob Debus, MLA
NSW Attorney General
Well, Bob's office actually emailed me. The letter says:

"The Attorney General has asked me to reply to your letter seeking an inquiry into the death of Eddie Murray.

Mr Murray's death was reported to the Coroner on 12 June 1981, and an Inquest was held at Glebe Coroner's Court on 18 December 1981. The Coroner found that he 'died by hanging but as to whether by his own hand or the hand of persons or person unknown, the evidence adduced is insufficient to enable me to say.' I understand that Coronial records were supplied to the Royal Commission into Aboriginal Deaths in Custody.

Following the Coroner's finding, the matter was subjected to careful and detailed analysis by senior law officers of the Crown, which included an advice from the then Solicitor General, and later High Court Justice Mary Gaudron QC. The Attorney General of the day directed that there be no prosecution of any person for an offence associated with Mr Murray's death as no evidence could support the commencement of any criminal proceedings.

On 1 September 1997, an application was made to the then State Coroner, Magistrate Derek Hand for a new Inquest into the death. Mr Murray's body was exhumed and a fresh post mortem performed by Chief Pathologist, Dr Johan Duflou. A report was also obtained from Dr Denise Donlon, Consulting Anthropologist. Having regard to the reports of Drs Donlon and Duflou, the Coroner was satisfied that there were no new evidence or facts making it desirable or necessary in the interests of justice to hold a fresh inquest.

I assure you that if any new information or evidence comes to light in relation to the death of Eddie Murray it will be acted upon. Otherwise, the Attorney General can take no further action in this matter.

I note that you seek an Inquiry by the Legislative Council General Purpose Standing Committee Number 3 into the circumstances surrounding Mr Murray's death. It is open to you to contact the Committee directly to propose an Inquiry. Information about the Committee, and making a submission can be obtained from the Parliament website www.parliament.nsw.gov.au.

Thank you for taking the time to make your views known to the Government.
Yours sincerely
Matthew Chesher
Chief of Staff"

I was a bit stunned, as having written a book on the subject of Eddie's death it was a bit arrogant that they would then describe to me the circumstances of the investigations into his death. I mean, no-one really sends a synopsis of a Harry Potter film to J.K. Rowling and expects her to find something new in it that she'd missed while writing the novel.

Alarmed at the omissions and general lack of knowledge the letter seemed to reveal regarding the case, I wrote the following back. Perhaps because he's due to retire Bob has lost interest in things like justice and fairness, because I have not heard from his office again.

"I received your note, thanks for that.

I was a bit alarmed by the inaccuracies it contained, such as there not being a reference to the review of the case called by the then NSW Police Minister Paul Whelan in 2000. It was carried out by the solicitor Neil Ball, and it recommended a further inquiry into the matter. There's a few other things that were missed out as well.

Eddie's father, Arthur Murray, is currently in Sydney, and I was hoping to arrange a meeting between me and him and someone from your department. I would appreciate if this could be organised for next Tuesday (7th Nov) morning.

It would be good to be able to discuss the case in person and give our reasons for wanting a further inquiry. Obviously doing it in writing has not communicated all the reasons in a convincing way."
Warren Mundine
Australian Labor Party Federal President
Warren initially asked for more information on the case. After a subsequent discussion, he has agreed to meet again to hear more about the case after the NSW State Election in March. It's worth noting that Warren is also actively involved in the fight for justice in the case of Mulrunji Doomadgee's death on Palm Island.
Meredith Burgmann, MLC
Nothing from Meredith. I thought she was supposed to be interested in social justice.
Linda Burney, MLA
Linda emailed back asking to know more, but since then I've heard nothing from her. I understand that after the tragic death of her husband, Rick Farley, she may be dealing with matters closer to home.
Penny Sharpe, MLC
The reason Penny was on the list is that she is apparently trying to make a name for herself as a something of a fighter for the people. You'll have to do a whole lot more than that and actually strive to send an email or two in response if you really want to become known as someone who cares, Penny.

On 19 January 2007, the afternoon I posted the existence of this site to the various politicians et al named on it, I received the following correspondence from Penny:

"Dear Simon

Thanks for your email. I have had a look at your site.

As late as yesterday I wrote a letter to another constituent who had also contacted me about this matter. In this letter I attached the advice I had received from the Police Minister, John Watkins after my representations in relation to the request to have a further inquiry.

I would be happy to also forward this advice to you. As you are aware, the attempt to have an inquiry is currently not an option as parliament and the committees are not in session until after the March 24 election.

After the election of the next parliament - the issue of an inquiry could be pursued again.

At this time I would be happy to meet or speak with you about this matter.
Yours sincerely
Penny Sharpe"

The next day she faxed the letter she had received from John Watkins, (Deputy Premier, Minister for Transport and Minister for Police) on 18 December 2006. The letter claims that the NSW Police Integrity Commission had taken 'regard to expert medical advice and a careful review of the previous evidence, including that given at the Inquest into the death of Mr Murray and at the Royal Commission hearing. Any further investigation of Mr Murray's death was therefore dependent on the provision of new or additional material to the Police Integrity Commission...'

No mention of Eddie's broken sternum.

No mention that one of the police officers had been found to be a corrupt policeman by ICAC in 1994.

No mention of the police having their evidence questioned by both the Coroner and the Royal Commissioner.

Only an onus placed, once again, upon the Murray family to find more evidence in the case of their son's death in police custody.

And thanks, Penny, for your efforts in regard to the case, had I known about them at the time I created this page, I would have publicised them earlier.
Minister for Aboriginal AffairsOn the advice of Amanda Fazio (see above) I made attempts to contact Milton Orkopoulos, the then Minister for Aboriginal Affairs. It seems he was too busy being arrested on child sex charges to return my letters and calls. It seems his office has also ignored the request from Ian West, and possibly other members of GPSC#3, to look into the matter. Nothing has been heard from Reba Meagher, the current minister, since she was appointed to the office some months ago.


What Can You Do To Help?

So many years after Eddie's death, after the various inquiries and agitations, it is hard to know what to do to progress the case. If you believe that writing to someone might help, the following letter may serve as a useful template for you.