Leading legal figures continue push for inquest into murder of Pilbara children

Giovanni Torre
Giovanni Torre Published October 15, 2026 at 8.45am (AWST)

This report includes the names of Indigenous people who have died.

Two prominent Western Australian legal figures have continued to push the state government to hold an inquest into the murder of three young Aboriginal children in the Pilbara.

This week, former WA Governor and eminent lawyer Malcolm McCusker and former Children's Court president Denis Reynolds issued a second letter on the matter, again rejecting Attorney General Tony Buti's argument he is unable to direct a probe into the children's death unless there is fresh evidence.

Jamelia Hawke (10), Arnda (seven) and Kelvin (four months) were killed in 2022 in Port Hedland by their mother the day after she was turned away from a women's refuge.

Their grandmother, Yamatji-Wajarri woman Dorothy Papertalk, is fighting for an inquest to examine why her multiple warnings to authorities did not lead to the removal of the children for their safety.

An investigation by The Australian revealed Ms Papertalk had asked repeatedly to become the permanent carer for the children but was dismissed in the years and months before their deaths.

Earlier this month, Mr McCusker and Mr Reynolds wrote to the AG arguing his office had discretion to direct the coroner to hold an inquest into the case.

Federal Minister for Indigenous Australians Malarndirri McCarthy has also called on the WA Government to ensure an inquest is held.

On October 5, after receiving their first letter, Dr Buti told National Indigenous Times he noted "the advocacy of Hon. Malcolm McCusker AC KC and Hon. Denis Reynolds on this important matter".

"I sought further legal advice today after receiving their letter and was again advised I am unable to direct that an inquest be held once a decision to refuse an inquest has been made by a Coroner, unless there is fresh evidence not previously considered by the Coroner's Court."

Dr Buti also noted at the time that the Minister for Child Protection, Jessica Stojkovski, wrote to the Coroner in September asking for advice on the rationale for not proceeding with a discretionary Coronial Inquest, and asked what avenues were available for Ms Papertalk to pursue an inquest, and was yet to receive a response.

The West Australian reports that in a five-page "letter of opinion" sent on Wednesday, Mr McCusker and Mr Reynolds reiterated that: "The Attorney-General has the express, clear and unambiguous power to direct that an inquest be held."

"The inquest which the Attorney-General should direct the coroner to hold would be for the purpose of making a finding as to the circumstances in which the deaths of three infant children occurred," they wrote.

"The coroner has 'the jurisdiction and obligation to find, if possible, the manner in which the deceased happened to die'.

"This does not refer only to the means or mechanism by which the death was suffered or inflicted. It extends to the circumstances attending the death."

WA Attorney General Tony Buti. Image: Richard Wainwright (AAP).

Minister Stojkovski has since confirmed her office was gathering documentation that was not previously considered by the coroner.

"We're working with the Attorney-General's office to provide the documents he's asked for," she said on Wednesday, The West Australian reports.

"Communities provided all of the documents to the coroner that he asked for. This is a wider set of documents."

WA Police Minister Reece Whitby said his office was also gathering files.

"Police are doing some work to look at all the information they've got. Obviously, they investigated a very serious crime, and there was a conviction there, so they have some information," he told The West Australian.

"But they're looking at additional information that they may have, and I think there's conversations about how to progress that to the AG today."

Dr Buti said he would consider the new batch of documents.

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National Indigenous Times

Disclaimer: This function is AI-generated and therefore may mispronounce.