Western Australia's Corruption and Crime Commission has found while breaches occurred, there was no serious misconduct by prison staff in connection to the death in custody of 16-year-old Aboriginal boy Cleveland Dodd, despite a litany of departmental failures.
Cleveland self-harmed on 12 October 2023 in Unit 18 and died one week later.
That month it was announced the Corruption and Crime Commission would investigate allegations of serious misconduct by staff at the facility, which is a stand alone youth unit within the Casuarina maximum security adult prison.
A coronial inquest revealed a number of alarming details of the events leading up to Cleveland's death.
The hearing heard that detainees were denied medication if they displayed violent behaviour; Cleveland threatened self-harm eight times on the night he took his own life; guards were watching movies while Cleveland self-harmed; and that a senior guard was asleep as Cleveland fatally self-harmed.
On Tuesday, the CCC tabled its report on the case in WA Parliament.
It noted that it has a "narrow, but important jurisdiction" ..."empowered to investigate suspected serious misconduct as defined in the Corruption, Crime and Misconduct Act 2003".
"The purpose of the Commission's investigation was to determine whether any serious misconduct on the part of any public officer working at Unit 18 in the critical lead up to Cleveland's self-harm played a part in his death," said Commissioner John McKechnie.
Though the Commission found there were a number of breaches of Department of Justice policies and procedures, after a comprehensive investigation, the Commission found there was no evidence giving rise to a reasonable suspicion of serious misconduct or corruption on the part of any public officer.
The report does not make recommendations to the Department of Justice, saying the Coronial inquest which commenced earlier this year, is best-placed to focus on wider considerations and make whole of government recommendations.
"Its focussed nature means this report may not answer all questions raised by the tragic death of this young man, nor satisfy anyone looking for quick or simple solutions," said Commissioner McKechnie
National Suicide Prevention and Trauma Recovery Project director Megan Krakouer told National Indigenous Times the CCC findings were, in her view, inconsistent with the findings of the first part of the coronial inquest into Cleveland's death.
"It's an indictment on the CCC for them to say there was no serious misconduct when a young person has lost his life, the first in the history of Western Australia to die in youth detention," she said.
"He should still be alive today. They failed him and criminal responsibility should be attached to that, that is the truth. They failed through negligence and sheer laziness."
In October 2023, Cleveland's family issued a statement calling for justice and truth.
"We want answers. Our beloved boy had never, ever self-harmed prior to being unlawfully locked down, day after day, inside Unit 18, and drove him to take his own life in desperation, in the early hours of October 12, 2023," they said.
"We as a First Nations People have been suffering from one generation to another, and we cannot stand by and watch this carnage on our children. The Coronial Inquest into his death will take far too long to bring meaningful change, policy, and law reform.
"We his family and community, will not wait patiently in the wings, while legal processes run their course. We will not rest until justice for our boy, and for all other First Nation's children, is secured."
The family has since continued to speak out in their pursuit of justice and reforms.
More to come.