logo
Mother vows to keep fighting for investigation into daughter's death

Mother vows to keep fighting for investigation into daughter's death

Rosemary Harwood says she doesn't want her daughter's death to have been in vain, vowing to continue fighting after a Tasmanian coroner said there was insufficient evidence to warrant a public inquest.
Marjorie Harwood, a transgender woman, went to Tasmania's Risdon Prison seven times for non-violent, theft-related offences.
She was repeatedly placed in the prison's male section, despite her gender identity being known.
WARNING: This story contains details about sexual assault.
Marjorie died in hospital in 2018 at age 38, after refusing dialysis treatment for chronic kidney disease.
Mrs Harwood said Marjorie refused the treatment because she was fearful of returning to Risdon Prison, where she had been subjected to multiple instances of sexual and physical abuse, rape, and intimidation.
Marjorie was facing another prison sentence at the time.
"I strongly believe that Marjorie would still be alive today if she'd been recognised by Risdon Prison as a female and housed in the female prison," Mrs Harwood said on Friday.
After Marjorie's death, it was revealed there was an official protocol for transgender prisoners, but that it was not followed.
Her death was deemed to be by natural causes, but Mrs Harwood said it should be ruled a suicide.
Following the coroner's decision not to hold an inquest, Mrs Harwood said she would continue to fight for an investigation into Marjorie's death.
In her application for a coronial investigation and public inquest into Marjorie's death, Mrs Harwood said the trigger for Marjorie to refuse dialysis was in incident at Risdon Prison in July 2017.
Coroner Olivia McTaggart, in the reasons for her decision not to allow the inquest, said, "the only possible reference to anything approaching such an incident" was contained in Ambulance Tasmania notes from October 16, 2017.
Those notes read:
"patient has had recent rectal trauma ? being raped in prison."
"The paramedics were unable to ascertain specific medical history from her, noting, 'obviously intoxicated/?psychiatric issues'," Ms McTaggart said.
"The reference to rectal trauma being caused by a recent sexual assault/rape in prison was accompanied by a question mark and was clearly speculation or emanated from information given by Ms Harwood whilst heavily intoxicated and unable to provide an accurate medical history.
"I also note that no date was mentioned regarding such an incident.
"It is inconceivable that the details of such an incident, if it occurred, would not be the subject of incident reports and notifications to treating medical and health practitioners. It is also inconceivable that Ms Harwood would not have referred to it or reported it."
Ms McTaggart said "it may well be" that Marjorie was the victim of a sexual assault or rape in a West Australian prison in 2008, and that it also appeared from prison clinical notes that she was the victim of a physical assault in May 2017.
"In any event, Mrs Harwood's current application depends upon the occurrence of an incident in Risdon Prison in July 2017," she said.
"Upon the evidence provided to me, I am only able to conclude that Ms Harwood could not and would not commit to the onerous process of dialysis.
"It is impossible to determine her exact thought processes for not accepting dialysis. The most likely scenario is that she understood the terminal nature of her condition and her inability to commit to dialysis.
"There is evidence of such reasoning process in the records.
"There is, however, no evidence at all that an alleged fear of returning to prison was a factor in her decision."
Mrs Harwood said her daughter did report abuse "and nothing was done".
"So they did let her down big time," she said.
Mrs Harwood said she was "considering her options", and that she was seeking a meeting with Attorney-General Guy Barnett.
"[I will] continue to fight for Marjorie and all other transgender people held in prison," she said.
Transgender advocate and friend of Marjorie, Martine Delaney, said she visited Marjorie in prison to offer her support.
"I asked what I could do and what intervention I could take, and Marjorie begged me not to, because of the consequences she would suffer within the prison," Ms Delaney said.
She also said many trans people were "reluctant to report anything, because they generally end up suffering discrimination from the people they're reporting to".
Tasmanian Prisoners Legal Service chair Greg Barns SC said Marjorie's case highlighted broader issues with Tasmania's coronial legislation, which he said was "too narrow".
"Vulnerable prisoners often suffer more than other prisoners, and if they are assaulted, they don't always report it.
"It is a very, very difficult issue."
A Tasmanian government spokesperson said: "The Tasmania Prison Service (TPS) has a detailed policy in place for transgender prisoners and prisoners with innate variations of sex characteristics.
"This policy prioritises safety and is publicly available online on the TPS's website.
"Any decision in relation to an inquest is a matter for the coroner."
The spokesperson did not respond to a question about whether the attorney-general would meet with Mrs Harwood, or whether a review of coronial legislation was needed.

Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Perth teenager Jay Lewis Paul Harrington charged with murder over alleged stabbing
Perth teenager Jay Lewis Paul Harrington charged with murder over alleged stabbing

News.com.au

timean hour ago

  • News.com.au

Perth teenager Jay Lewis Paul Harrington charged with murder over alleged stabbing

A teenager has been charged with murder over the alleged fatal stabbing of another teen at a home in Perth's east. Emergency services received reports a man had been seriously injured and found Phillip Narkle, 18, with stab wounds at a house on Gladstone Rd in Rivervale about 5.10pm on Saturday. He was rushed to Royal Perth Hospital by St Johns Ambulance, but later died. Swan View teen Jay Lewis Paul Harrington, 19, was charged with murder following an investigation by Homicide Squad detectives. Mr Harrington appeared in the Perth Magistrates Court on Monday to face the charge. He also faces other charges for unrelated offences including burglary, stealing, and assault. He was remanded in custody to face the Stirling Gardens Magistrates court on June 25.

Man who died in police custody at Darwin hospital remembered by Wadeye community
Man who died in police custody at Darwin hospital remembered by Wadeye community

ABC News

time3 hours ago

  • ABC News

Man who died in police custody at Darwin hospital remembered by Wadeye community

A man who died in police custody at a Darwin hospital on Saturday has been remembered as a "great visionary and educator" as the remote Northern Territory community of Wadeye mourns his loss. The 68-year-old — referred to as TN after his death — was a senior elder from the Kardu Rak Kirnmu clan and traditional owner who lived in the community on the Top End's west coast, formerly known as Port Keats. TN was taken into protective custody by Australian Federal Police (AFP) at Darwin airport on May 30 and was later admitted to Royal Darwin Hospital's (RDH) intensive care unit, where he died on Saturday. Northern Land Council chair Matthew Ryan said TN's "work for his community and people will never be forgotten". "My heart goes out to his loved ones and all mob across the Wadeye and Darwin Daly regions," he said in a statement on Sunday. "His legacy will live on." The Thamarrurr Development Corporation (TDC), of which TN was a board member, also released a statement saying he was a much loved and respected mentor to his community. "A great visionary and educator, a campaigner for a better life for his community and a respected leader, he will be greatly missed," a spokesperson said. "He played a key role in developing and guiding TDC to become the organisation it is today." Catholic Bishop of Darwin Charles Gauci said he had known TN "for many years" and "had the privilege of being with [him] on the day he died", saying he was "deeply saddened at his death". "I was able to accompany him on the last day of his life, I was in the hospital with his wife and family and to pray with him and to be there with them, walking with them at this very significant time," he said. "I have great respect for him as a great leader, he had vision and understanding, he was a very educated man. "He believed in education as empowerment and he was an educator for many years himself. "He was co-principal at the school at Wadeye and really contributed deeply and widely there for the education of young people." Bishop Gauci said TN's loss would leave "a big gap", calling on other leaders across the community step up and continue his "vision of two way". "Two way means be deeply connected with your roots and your culture and celebrate that but also, be open to the realities of life and adapt," he said. An AFP spokesperson said the 68-year-old man was taken to RDH for "sobering up" after being detained on May 30 for allegedly attempting to board a flight while intoxicated. "The man was taken into 'protective custody' by AFP officers under section 128 of the Police Administration Act (PAA) at Darwin airport," they said in a statement. "AFP officers then transported the man to a Darwin hospital where he could be supervised and monitored while sobering up." The PAA allows police in the Northern Territory to apprehend a person without warrant, if the officer believes they are intoxicated in a public place. Under the legislation, a person can be apprehended if police believe they are "unable to adequately care for" themself, may "cause harm" to themself or others, may "intimidate, alarm or cause substantial annoyance to people" or are "likely to commit an offence". The AFP spokesperson said the man experienced a "sudden and serious medical episode" upon arrival at RDH and was admitted to intensive care, where he remained until his death on Saturday. However an NT Police spokesperson said shortly after he was taken into AFP custody, the custody sergeant and a nurse assessed him at the Palmerston watch house "where it was deemed necessary to convey the man to RDH for further assessment". NT Opposition Leader Selena Uibo said the "devastating loss" would be "felt deeply across the territory" and to have two deaths in custody in less than two weeks was "beyond tragic". "[TN] was a respected and strong leader — valued for the guidance he provided to those he worked alongside and the outcomes he helped deliver for his community," she said in a statement. "I know many Territorians will be feeling a profound sense of grief and shock at these two lives tragically cut short. "My thoughts today are also with our police, first responders and hospital staff who are always there for the community in the most difficult of circumstances." Local member for the Daly region, Dheran Young, said his thoughts were with TN's family and community. "Your vision, leadership and advocacy inspired us all," he wrote on social media.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into the world of global news and events? Download our app today from your preferred app store and start exploring.
app-storeplay-store