Coroner dismisses state bid to control Dodd inquiry evidence

The Coroner investigating the death in custody of teenager Cleveland Dodd in WA’s notorious youth detention centre in 2023 has rejected a bid by the State’s Justice Department to narrow his scope of questioning.

Coroner Philip Urquhart told the court on Friday he rejected the legal interpretation put forward by David Leigh, representing the department, stating he was not prepared to depart from the standard practice of the court that had been in place for almost 30 years.

The Coroner said he would not be calling politicians to give evidence – namely Bill Johnston, who was Corrective Services Minister when Unit 18 opened, or Paul Papalia who was minister when Cleveland died.

“It could be seen as making the executive answerable to the judiciary and thereby potentially challenging the separation of powers,” he said.

Coroner Philip Urquhart rejected the legal interpretation put forward by the Justice Department.

But civil servants Gary Budge, the Acting Corrective Services Commissioner when Unit 18 opened and – the Director Strategic Communications Sue Short, will be called.

And the legal team representing Cleveland’s mother succeeded in getting former commissioner Mike Reynolds back to give evidence, after had later blamed (in an interview with the ABC) State government for many of the issues surrounding youth justice in Western Australia.

The then deputy commissioner Christine Ginbey, whose legal team criticised the Coroner last week over the scope of his investigation, may also be recalled.

Representatives of the Dodd family said the decision to not call Mr Johnston or Mr Papalia was “more pain for the family” and added they believed the ministers were ultimately responsible.

The final inquest hearings are scheduled for December with the Coroner not expected to release his findings until mid-next year.