Gene Gibson freed as conviction for Broome manslaughter of Josh Warneke quashed

UPDATED WED 12 APR 2017

http://mobile.abc.net.au/news/2017-04-12/gene-gibson-josh-warneke-manslaughter-conviction-quashed-appeal/8436550

http://mobile.abc.net.au/news/2017-04-12/gene-gibson-free-after-court-finds-he-was-wrongly/8440536#transcript

VIDEO 6:18 

Gene Gibson free after court finds he was wrongly jailed for manslaughter
 

TRANSCRIPT

STAN GRANT, PRESENTER: In one of the most significant cases in Western Australia's justice system, an illiterate Aboriginal man has walked free today, with the court finding he had been wrongly jailed for manslaughter.

As 7.30 reported last year, Gene Gibson was serving a seven-year jail sentence over the death of 21-year-old Josh Warneke in Broome.

His lawyers argued their client didn't understand the court process because of a cognitive impairment and poor English. His first language is the traditional Western Desert language of Pintupi.

The case has prompted calls for a change in how Aboriginal people are treated in the justice system.

Claire Moodie reports from Perth.

CLAIRE MOODIE, REPORTER: After nearly five years behind bars, Gene Gibson walked into the sunshine from Perth's Casuarina Prison today.

MICHAEL LUNDBERG, LAWYER: We welcome today's unanimous decision of the Court of Appeal to overturn Gene Gibson's conviction for manslaughter.

CLAIRE MOODIE: WA's Court of Appeal confirmed there had been a miscarriage of justice; and his conviction over the death of this man, 21-year-old Josh Warneke, be set aside.

MICHAEL LUNDBERG: It's important to note that there are no winners in this matter, though.

Gene has been in custody since he was arrested on the evening of 16th of August 2012, at the remote community of Kiwirrkurra in the Kimberley.

He was 21 when he was arrested. He's now almost 26.

CLAIRE MOODIE: It took just three days for the court to make its decision, following a hearing last week, when Gene Gibson's mother, Alamay, told 7.30 her son was innocent.

ALAMAY GIBSON, MOTHER OF GENE GIBSON: My son: he don't hurt anybody. He's only just a harmless young fellow.

MAISIE GIBSON, AUNT OF GENE GIBSON: A harmless young fellow.

ALAMAY GIBSON: He didn't use to look for a fight.

(Footage of Gene Gibson singing in Pintubi with his band, archive)

CLAIRE MOODIE: Back in 2011, Gene Gibson was the front-man for a band from the remote Kiwirrkurra community on the WA/Northern Territory border.

EWAN BUCKLEY, DESERT FEET INC.: Just that raw talent to be able to communicate through music, even though we were speaking in different languages, was extraordinary.

Ewan Buckley, who runs a charity that encourages musical endeavour in Aboriginal communities, toured with the band in Western Australia's Pilbara and couldn't believe when Gene Gibson was arrested.

Oh, dumbfounded. Extremely surprised. And I'd have to say disbelief. I could not possibly imagine that this young, shy, gentle, small man would be capable of a brutal murder like that.

CLAIRE MOODIE: Gene Gibson was charged two years after Josh Warneke's body was found bashed at the side of the road in Broome in 2010.

But the case was flawed from the start. The original charge of murder was downgraded after it emerged that police hadn't provided a qualified interpreter when interviewing Gibson, who has since been found to have a cognitive impairment.

(To Taryn Harvey) How would you sum up how this man has been treated by WA's justice system?

TARYN HARVEY, DEVELOPMENTAL DISABILITY WA: I think Gene's treatment has been profoundly unjust, right from the outset. Our system failed to protect him and it failed to recognise his vulnerabilities as an impaired person.

CLAIRE MOODIE: The case was investigated by the state's Corruption and Crime Commission and the West Australian Police. Three out of the 11 officers involved are facing disciplinary charges.

MICHAEL LUNDBERG: Both of those reviews helped focus the spotlight on Gene's case and his incarceration and they both provided the catalyst for the bringing of this appeal.

CLAIRE MOODIE: Even the victim's mother, Ingrid Bishop, made it clear she didn't believe Gibson killed her son and has publicly supported the push for an appeal.

INGRID BISHOP, MOTHER OF JOSH WARNEKE: Blind Freddie can see that there is some significant issues in regard to the sentencing of Gene Gibson.

CLAIRE MOODIE: And that was pretty much the sentiment during the appeal here. Gibson's lawyers told the court that their client didn't have the cognitive ability or the language skills to understand what was going on.

It's also notable that two incriminating witnesses have changed their story since Gibson's plea of guilty.

MAISIE GIBSON: Those two young fellas blame him for no reason. That's because Gene: he don't understand everything. That... gets him into trouble.

CLAIRE MOODIE: The bungled case has raised questions over how Gene Gibson was dealt with by police and the justice system as a whole.

KARL O'CALLAGHAN, WA POLICE COMMISSIONER: It was a multi-faceted failure in the justice system. We played a part in that and I deeply regret that. And it's concerning to me that someone, obviously, has spent a long time in prison for a crime that they didn't commit.

CLAIRE MOODIE: And there have been calls for the case to prompt change.

TARYN HARVEY: Western Australia needs to introduce practical safeguards, both at police interview and court processes.

Examples would include independent support people, such as are in place already in other jurisdictions in Australia, both in police interview and court; and also communication intermediaries, which are also used in other jurisdictions.

CLAIRE MOODIE: Attention now turns to who killed Josh Warneke. Police have already launched a fresh investigation.

KARL O'CALLAGHAN: We intend to give this every effort that we can: so the full effort of the Special Crime Squad.

CLAIRE MOODIE: Josh Warneke's mother, Ingrid Bishop, attended the appeal but wouldn't be interviewed. She said in a statement that Gibson's release was one of the most profound moments of her life.

MICHAEL LUNDBERG: Josh and Gene have never met, but their lives are now intertwined.

We wish to acknowledge in that regard Joshua's mother, Ingrid Bishop, who has publicly supported our client's cause. And we hope in the future she obtains the justice she and her family deserve.

An Aboriginal man with cognitive impairment has walked free from jail after almost five years behind bars, with WA's highest court overturning his conviction for the bashing death of Josh Warneke outside Broome.

Key points:

• Gene Gibson was jailed in 2014 after pleading guilty to the manslaughter of apprentice carpenter Josh Warneke
• Warneke's body was found with head injuries on the side of the road on the outskirts of Broome
• Today the Court of Appeal overturned Gibson's conviction, after it heard his own lawyer told him to plead guilty and he did not understand court processes

Gene Gibson, from the Western Desert community of Kiwirrkurra, had pleaded guilty to the manslaughter of Mr Warneke, who was found dead on the side of a road after leaving a nightclub in February 2010.

However, Mr Gibson's conviction was set aside in a unanimous decision by the Court of Appeal.

He was released from Casuarina Prison near Perth just before 11:30am.

Mr Gibson, 25, was sentenced in 2014 to seven-and-a-half years in jail after admitting the unlawful killing of Mr Warneke, 21.

PHOTO Josh Warneke's body was found by the side of Old Broome Road in 2010.

But Mr Gibson — who speaks limited English and whose first language is the traditional desert language of Pintupi — argued he did not understand the court process or the instructions given to him through an interpreter when he entered his plea.

PHOTO Mr Gibson was convicted of manslaughter in 2014.

SUPPLIED: DESERT FEET INC

Testifying at the appeal earlier this month, he told the court via an interpreter that he did not kill Mr Warneke and said police had not listened to his story.

The court also heard he was advised to plead guilty after he was implicated in witness statements — and it was not until after he had done so that two incriminating witnesses recanted their evidence.

Expert witnesses said Mr Gibson's limited English was compounded by mental impairment.

The court is yet to publish its reasons for throwing out the conviction.

Gibson innocent, Josh Warneke's mum says

Mr Warneke's mother Ingrid Bishop welcomed the verdict and described it as a "great day as it's the beginning of the next stage of Gene Gibson's life".

PHOTO Ingrid Bishop (right) joined Gene Gibson's family, including his mother Alamay (second from right), during the appeal.

SUPPLIED: INGRID BISHOP

"I am so happy for Gene and his family ... to see him walk free is one of the most profound moments of my life," she said.

"As I have said over the past several years, Gene is innocent.

"The appeal process has highlighted numerous deficiencies and incompetence in how Aboriginal Legal Services managed Gene's case.

"The very agency tasked with protecting and supporting Gene, failed, and failed dismally and has taken the process of justice back 50 years for Aboriginal Australians.

"There must be consequences for this as Gene and his family have borne the full impact of this failure."

In a statement, Aboriginal Leagal Service of WA (ALSWA) CEO Dennis Egginton said police should take full responsibility for Mr Gibson being jailed.

"It was the Aboriginal Legal Service which originally fought for Mr Gibson in exposing the police investigation which resulted in his confession being thrown out," he said.

"A subsequent CCC report confirmed beyond a shadow of a doubt that police must take sole responsibility for Mr Gibson's conviction and imprisonment.

"I can't begin to imagine how traumatic these past few years have been for Mr Gibson, his family and the family of Mr Warneke.

"But the fact remains, that the conduct of police from the moment they decided Mr Gibson was a suspect in the death ensured that a miscarriage was certain to occur."

Mr Egginton also said that ALSWA stands by its former lawyer, Dominc Brunello.

"Dominic is an exceptional lawyer whose representation of Mr Gibson was as good as any lawyer in WA could provide and at all times, Dominic acted with professionalism and in the best interests of Mr Gibson," Mr Egginton said.

Courtney Bembridge 

✔@courtbembridge

Josh Warneke's mother Ingrid Bishop has welcomed Gene Gibson's acquittal, says she expects her son's murder case to be reopened

4:05 AM - Apr 12, 2017

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Mr Gibson's lawyer Michael Lundberg also welcomed the ruling.

"Gene is, of course, very happy with today's decision," he said.

"It's important to note that there are no winners in this matter, though. Gene has been in custody since he was arrested ... he's been away from his country for a long time and is very keen to return and be with his family.

"There is also the reality that the life of another young man, Josh Warneke, came to an end in Broome seven years ago.

"Josh and Gene have never met, but their lives are now intertwined.

"We wish to acknowledge in that regard Josh's mother, Ingrid Bishop, who has publicly supported our client's cause, and we hope in the future she obtains the justice she and her family deserve."

PHOTO A roadside memorial marks the spot where Josh Warneke's body was found.

ABC KIMBERLEY: BEN COLLINS

Ms Gibson said her family was looking forward to the case being reopened with a fresh start.

Mr Gibson was originally charged with murder in August 2012, but it was downgraded after police were found to have bungled a police interview.

A Corruption and Crime Commission (CCC) investigation into the death of Mr Warneke later exposed "systemic failures" within WA Police.

It focussed in particular on what it called a "series of flawed police interviews" with Mr Gibson in 2012, saying detectives ignored local officers' advice to redo their interview and arrange an interpreter.

Kimberley Interpreting Services chief executive Dee Lightfoot said the case has led to an increase in police using interpreters.

"We have noticed a great change [in the use of interpreters], we've had 60 engagements this year which is more than we've ever had by the police," she said.

"People are entitled to interpreters the whole way through their trail of justice, with police, with lawyers, with court, and that's not only for the accused its also for witnesses.

"It was avoidable, it was absolutely avoidable, they [the police] just needed to make one phone call."

Ms Lightfoot said they were starting conversations with the Government about improving the availability of interpreting services.

More on this story:

Manslaughter conviction challenged in Court of Appeal

CCC finds police failed to follow procedures in Warneke case

Doubt cast on Gibson's manslaughter confession

Five officers stood aside over Warneke bungle

Josh Warneke's family shocked at manslaughter sentence

Warneke murder charge dropped over police mishandling

Gibson pleads not guilty to Broome murder

Police treating Josh Warneke's roadside death as suspicious

Gene Gibson seeks compensation over wrongful conviction for Josh Warneke manslaughter

IRENA CERANIC   

Mr Gibson spent five years in jail after he was wrongly convicted.

SUPPLIED: KIWIRRKURRA CSM

An Aboriginal man with cognitive impairment who was wrongfully convicted over the bashing death of Broome man Josh Warneke is seeking compensation from the state, his lawyer says.

Gene Gibson spent five years in jail before his manslaughter conviction was quashed.

He was originally charged with murder in August 2012, but this was downgraded after officers bungled a police interview by not giving him the right to an interpreter.

A Corruption and Crime Commission (CCC) investigation into the death of Mr Warneke later exposed "systemic failures" within WA Police.

Mr Gibson is from the remote community of Kiwirrkurra and barely speaks or understands English.

He argued during the appeal that he did not understand the legal proceedings and that he was induced to make a plea based on a false or unreliable statement.

His lawyer Michael Lundberg said Mr Gibson deserved restitution "to right the wrong done" to him.

"Gene has asked me to seek compensation from the Government for the time he has lost in prison and the impact that all of this has had on him and his family," he said.

He also revealed that Police Commissioner Karl O'Callaghan had travelled to Alice Springs, where Mr Gibson has been spending time since his release from prison, to personally apologise to him.

"Gene is very grateful that the Commissioner has apologised not only to Gene, but to his family," Mr Lundberg said.

The 21-year-old Mr Warneke was found dead on the side of a road after leaving a nightclub in February 2010.

Mr Gibson, 25, was sentenced in 2014 to seven-and-a-half years in jail after admitting the unlawful killing of Mr Warneke.

PHOTO Josh Warneke's body was found by the side of a road in 2010.

But Mr Gibson — whose first language is the traditional desert language of Pintupi — argued he did not understand the court process or the instructions given to him through an interpreter when he entered his plea.

Testifying at the appeal earlier this year, he told the court via an interpreter that he did not kill Mr Warneke and said police had not listened to his story.

The court also heard he was advised to plead guilty after he was implicated in witness statements — and it was not until after he had done so that two incriminating witnesses recanted their evidence.

Mr Lundberg said Mr Gibson was seeking a "substantial" sum.

"We're confident the current Labor government will treat the compensation application with the right level of compassion, respect and expedition, particularly given the undeniable injustice that Gene has suffered," he said.

"Gene has spent the past few months in Alice Springs, in Kiwirrkurra and other parts of the Northern Territory and the Kimberley … with his family and friends.

"He's played football, he's been hunting and he has renewed his passion for music."

Reasons for quashing conviction outlined

The Court of Appeal today outlined its reasons for overturning Mr Gibson's conviction.

It found a miscarriage of justice had occurred based on the likelihood that Mr Gibson did not understand either the legal process, the state's case against him, the advice of his lawyers or the options that were available to him.

It accepted that Mr Gibson had cognitive impairments that affected his capacity to function in day-to-day life, make decisions of importance, understand complex instructions, remember detailed information and seek support.

Mr Gibson, the court ruled, was shy, reserved, compliant, agreeable and vulnerable to suggestions by others.

His life had been one of disadvantage, with his father dying when he was very young and his mother abandoning him.

His inability to adequately speak or understand English was also highlighted, with the judges raising doubts about the adequacy of the services provided by the interpreter who assisted Mr Gibson.

The Court of Appeal found Mr Gibson was an honest witness but his recollection of events was "adversely affected" by his cognitive impairments and lack of understanding.

Expert casts doubt on Gene Gibson murder confession, wants FASD assessment

BY MARIO CHRISTODOULOUMON 2 NOV 2015, 2:55 PM AEDT

http://mobile.abc.net.au/news/2015-11-02/expert-casts-doubt-on-gene-gibson-murder-confession/6905426

Expert casts doubt on Gene Gibson murder confession, wants FASD assessment

BY MARIO CHRISTODOULOU   MON 2 NOV 2015,

Gene Gibson should be assessed for Foetal Alcohol Spectrum Disorder, a leading neuropsychologist says.

SUPPLIED: COURT

A Western Australian man jailed for murder could be a victim of a miscarriage of justice, according to an internationally renowned neuropsychologist.

Dr Valerie McGinn, an expert on brain damage caused by exposure to prenatal alcohol, has told the ABC's Four Corners that Aboriginal man Gene Gibson should be assessed for Foetal Alcohol Spectrum Disorder (FASD), a disability recognised as leading to wrongful conviction.

Gibson has spent three years in prison after pleading guilty to the manslaughter of Broome man, Joshua Warneke, who was beaten to death in 2010 while walking home after a night out in the Kimberley town.

The case has been clouded by controversy, with Gibson's original confessions thrown out of court for not being voluntary and a number of police in the case currently under investigation for impropriety.

Gibson, who is illiterate and from a remote community, confessed to the murder during a nine-hour interview with police, without an interpreter or a lawyer, despite his limited understanding of English.

"Certainly there's confirmed alcohol exposure, I believe heavy alcohol exposure so that's immediately a red flag and there's a history of developmental and learning problems," Dr McGinn said.

"It seems that he was led into making some kind of confession that was disallowed, so I can only assume that that wasn't considered an acceptable confession, so that indicates perhaps he made a false confession.

"And so I think ... that's a lot of red flags to warrant an FASD assessment."

FASD victims open to injustice: Wayne Martin

Dr McGinn's assessment is part of an investigation by Four Corners into FASD, a condition estimated to affect at least half a million Australians.

She said FASD affects reasoning, judgement and thinking, making people with the condition susceptible to suggestion.

While diagnosis, which can be complex and costly, remains relatively rare in Australia, a number of lawyers have begun to raise the alarm about the extent of FASD and its implications for the legal system.

PHOTO Josh Warneke's body was found by the side of a road in Broome.

BROOME MURDER VICTIM JOSH WARNEKE IN THAILAND 9 JULY 2014

WA's Chief Justice Wayne Martin told Four Corners that FASD was "over represented" in the state's regional areas and made people vulnerable to abuse and injustice at all stages of the legal process.

He said a case like Gibson's could be reviewed if Gibson were diagnosed with FASD, but that at present there were no resources for diagnosis.

"Just because somebody has entered a guilty plea, doesn't mean that the case can't be reviewed by the Courts of Appeal," he said.

"If the guilty plea is entered because the person doesn't understand what they're doing, then certainly that can be reviewed by a court.

"So there are systems available to review these processes. But in practical terms we first need the diagnosis."

Mr Warneke's mother Ingrid Bishop believes police have the wrong man for her son's murder.

Ms Bishop said Gibson was innocent and that his confession did not match either the forensic evidence or details of the crime scene.

"If Gibson is innocent and he's freed, and we've been able to contribute to that, well that's worthy of celebration," she said.

"It's still not going to bring Josh back, but we don't need to have two victims here.

Five police officers stood aside over conduct while investigating death of Broome man Joshua Warneke

BY IRENA CERANIC - SAT 30 MAY 2015,

http://mobile.abc.net.au/news/2015-05-30/five-wa-police-officers-stood-aside-over-bungled-death-probe/6509372

Josh Warneke's body was found by the side of Old Broome Road.

Five West Australian police officers have been stood aside over their conduct while investigating the death of a 21-year-old man from Broome.

Joshua Warneke was killed in February 2010 while walking home from a nightclub.

Gene Gibson, a man from a remote Kimberley community, was facing a charge of murder over the death but the charge was downgraded to manslaughter after a Supreme Court judge found police bungled the case.

Last year, Justice Stephen Hall found Gibson was denied basic legal rights such as the use of an interpreter, and that his admissions to police were not voluntary.

He was sentenced to seven-and-a-half years in jail in October.

Five officers have been stood aside from their current roles but remain on duty following an internal police investigation into the handling of the case.

A spokeswoman for WA Police Commissioner Karl O'Callaghan said it remained a matter for him to consider what further action would follow.

Another four officers could face internal disciplinary action.

Joshua Warneke's mother Ingrid Bishop said she thinks the officers who bungled the investigation should lose their jobs.

"At least two or three officers should perhaps depart the services of WAPOL from the evidence I have experienced firsthand myself," she said.

"That's going to share with the organisation as a whole that this sort of behaviour won't be tolerated.

"That message is going to be sent straight up the line to the leadership of the organisation, but it's also going to instil some confidence back into the community that you know what, regardless of who we are and what we are, where we make mistakes there will be consequences.

"I just hope for a whole lot of reasons that the Commissioner has got the courage to actually make a stand against incompetence and misconduct."

Gene Gibson's lawyer says he felt under pressure to act on manslaughter plea deal

DAVID WEBERUPDATED WED 5 APR 2017

http://mobile.abc.net.au/news/2017-04-05/gene-gibson-appeal-wraps-up-over-josh-warneke-death/8419182

Dominic Brunello leaves court after giving evidence in the appeal against Gene Gibson's conviction.

ABC NEWS: DAVID WEBER                                     

The lawyer for an Aboriginal man with cognitive impairment felt he had to act fast on a plea deal because there was a short time frame to do so, the WA Court of Appeal has been told.

Gene Gibson is appealing his 2014 manslaughter conviction over the bashing death of Josh Warneke in 2010, outside of Broome.

Gibson, from the remote community of Kiwirrkurra, had pleaded guilty but has told the Appeals Court he did not understand what was going on.

The court has heard from Dominic Brunello, who was Gibson's lawyer after he was charged over Mr Warneke's death in 2012.

Mr Brunello worked for the WA Aboriginal Legal Service (ALS) from 2008 to 2016.

He told the court the ALS could have "done with more resources", as senior staff had left the organisation and he was dealing with several homicides while handling the Gibson case.

He said it was not easy to get a Pintupi interpreter, as there were only a few they would use.

PHOTO Gene Gibson is appealing his conviction over the death of Josh Warneke.

SUPPLIED: COURT

Mr Brunello told the court he sometimes had concerns about the interpreting when he met with his client, because "more than once there were noticeable differences".

He told the court, "I was concerned about commentary being thrown in there", and the Gibson case was not the only one where he had had suspicion that there might be discussion "other then verbatim".

Mr Brunello revealed to the court the general communication difficulties he had with Gibson, who he described as "inscrutable".

The lawyer said even with an interpreter, Gibson may not have always understood what he was saying.

The Appeals Court has already been told that Gibson made admissions to police and to Mr Brunello about his involvement in the death of Mr Warneke.

Gibson's appeal lawyer Sam Vandongen asked Mr Brunello if Gibson had "vacillated wildly" when asked about what happened to Mr Warneke, and he responded "Yes".

PHOTO Josh Warneke's body was found by the side of Old Broome Road in 2010.

Plea deal 'finite'

Mr Brunello told the court that when the DPP indicated a plea of guilty to manslaughter would be acceptable soon before the trial was set to begin, he was led to believe the offer would expire.

He said he met his client without an interpreter on June 22, 2014, and then relayed the plea offer to the judge's associate.

But the judge had raised concerns about whether Gibson had given Brunello instructions without an interpreter, and the matter was adjourned.

Mr Brunello told the court he had also been "troubled" about it, and Gibson finally entered his plea after the assistance of Pintupi interpreter Robert Nanala.

Sam Vandongen asked Mr Brunello whether Gibson "was under a lot of pressure" on the day the plea was entered at Perth's Supreme Court on July 4, 2014, and he replied that he was.

Mr Brunello told the court there was a lot of complicated advice for Gibson absorb in a short time frame.

But when Mr Brunello was asked if he told his client "If you do not plead guilty you'll be going away a long time," he replied "I never said that".

When Mr Vandongen asked him whether Gibson had any medical issues, Mr Brunello responded that a doctor's opinion had been provided that he was fit for trial.

The hearing continues.

WA Chief Justice Wayne Martin fears language barriers putting innocent people behind bars

http://mobile.abc.net.au/news/2015-09-27/language-barriers-putting-innocent-people-in-jail,-judge-fears/6803004

WA Chief Justice Wayne Martin fears language barriers putting innocent people behind bars

BY THE NATIONAL REPORTING TEAM'S COURTNEY BEMBRIDGEUPDATED SUN 27 SEP 2015, 7:15 PM AEST

Ingrid Bishop (right) is calling for a coronial inquest into her son Josh's death.

SUPPLIED: INGRID BISHOP

When police bungled the investigation into the killing of her 21-year-old son, Ingrid Bishop was furious.

That fury has now turned to fear — that the wrong man is behind bars, while the dysfunctional system that put him there remains unchanged.

Key points:

• Woman calling for inquest into son's death fears man who confessed to murder without interpreter present is innocent
• WA Chief Justice cites link between access to interpreters and number of Aboriginal people in jail
• Kimberley Interpreting Service says English words often misinterpreted in Aboriginal context

"To think that there's an innocent person in jail is absolutely tragic," Ms Bishop said.

"It's as if 'OK someone is in jail, that's good, we've done our job' and off they go.

"All the institutions, the departments, the bureaucrats, everyone who is there to actually support the process have just completely turned their back on this."

Joshua Warneke was found dead on the side of the road in Broome in 2010.

Two years later, Gene Gibson — a 21-year-old illiterate Aboriginal man from a remote community — was charged with murder after he made admissions about the crime to police.

The confessions were made during a nine-hour interview with police, without an interpreter or a lawyer, despite Gibson's limited understanding of English.

The evidence was thrown out of court after a judge found police had denied Gibson many basic rights and he later pleaded guilty to the lesser charge of manslaughter.

In handing down his reasons, Justice Stephen Hall said it was clear an interpreter was needed and there was no excuse for not obtaining one.

"There is a significant possibility that answers given by the accused are unreliable because he did not understand what he was being asked, could not communicate his own thoughts adequately in English or gave false answers in order to appear agreeable," Justice Hall said at the time.

"In my view it is unlikely that the admissions of the accused would have been made at all if the interview had been properly conducted."

The WA police officers involved in that case are now being investigated by the Corruption and Crime Commission, and Ms Bishop said she believed her family was paying the price.

"The consequences of not having an interpreter are catastrophic, it has had a profound effect on the justice for Josh — we won't get that," she said.

Ms Bishop is calling for a coronial inquest into her son's death, believing it is her last chance for answers.

Not an isolated problem, says WA Chief Justice

WA's Chief Justice Wayne Martin said it was not an isolated problem and the lack of interpreters affected all stages of the criminal justice system.

He said innocent people may be sent to prison as a result.

"If the accused person does not understand the language in which the case is being conducted, then the process is invalid, it's ineffective and it's a nullity," he said.

"Now we have reason to believe that there are a number of those cases that are occurring regularly in Western Australia because we simply lack the capacity to identify the people who need the interpreters or to provide the interpreters when they are required."

PHOTO WA Chief Justice Wayne Martin said there was no overnight solution, and is calling for better training to identify when an interpreter is needed.

ABC NEWS: COURTNEY BEMBRIDGE

Chief Justice Martin said there was an "obvious and direct link" between access to interpreter services and the number of Aboriginal people in prisons.

"There is a sector of the West Australian community — being the original inhabitants of this state — who lack the resources they need to fairly and efficiently negotiate the justice system," he said.

"Instead of additional resources being provided in this area, the amount of resources that we're providing has been reduced."

WA has the nation's highest over-representation of Indigenous people in jail — with an imprisonment rate 18 times that of non-Aboriginal adults.

But the state is not alone.

"The areas that are most affected by this problem are in the remote parts of Western Australia, South Australia, Northern Territory and Queensland," Chief Justice Martin said.

Amnesty International said it was an injustice that needed to be rectified.

"There was one example of a man who went through an entire first degree murder trial in the Northern Territory using his two words, yes and good, and it wasn't until the end of the trial that they realised he was clinically deaf," Indigenous Peoples' Rights campaigner Tammy Solonec said.

"It has been a big problem for a long, long time. In 1991 there was a parliamentary inquiry which found it was a grave injustice against Aboriginal people. Here we are 24 years later and they still haven't resolved the issue."

English often misinterpreted in Aboriginal context

The WA Government withdrew its funding for the state's only Aboriginal interpreting service, the Kimberley Interpreting Service (KIS), last year.

KIS said federal funding had kept it running with skeleton staff but the service needed four times that amount to do its job properly.

"The current funding that we have is not enough to provide the service that we need to for the people who are at a severe disadvantage because they don't understand," chief executive Deanne Lightfoot said.

Ms Lightfoot said there were more than two dozen Aboriginal languages spoken in the Kimberley region alone, with many people speaking a different version of English.

"English words are quite often misinterpreted when they're spoken in an Aboriginal English context, so somebody may hear the words kill and assume it means kill dead when in fact it can just mean to harm somebody," she said.

"Somebody may hear the words rape — it can just mean to have consensual sex.

"What we see is people assuming that they're understanding, they're hearing English words, they're assuming that there's clear communication there but in fact there's not, there's absolutely not and we see dire consequences because of that — it happens every day."

The Chief Justice said there was no overnight solution.

He has called for better training to help police and court staff identify when an interpreter is needed, and more funding for interpreting services to ensure that need can be met.

Josh Warneke killing: Murder charge against accused Gene Gibson dropped over police mishandling

ERIN PARKE AND NATALIE JONESUPDATED WED 9 JUL 2014

http://mobile.abc.net.au/news/2014-07-09/murder-charge-dropped-from-police-mishandling/5584078

Josh Warneke's body was found by the side of Old Broome Road.

A murder charge against a West Australian man has been dropped because a judge found police denied him his basic legal rights.

A taxi driver found 21-year-old Broome man Josh Warneke by the side of Old Broome Road early on February 26, 2010 after a night out drinking with friends.

He died from massive head injuries.

More than two years later, detectives travelled to the remote Kiwirrkurra Aboriginal community on the WA/NT border and arrested 21-year-old Gene Gibson.

Gibson pleaded not guilty to the murder charge.

Gibson was due to face a murder trial in Broome next month, but prosecutors have now accepted his plea to the lesser charge of manslaughter.

The murder charge was discontinued following a ruling by a Supreme Court judge that Gibson had been denied many basic legal rights by police.

Justice Stephen Hall ruled admissions made by Gibson were not voluntary, and police failed to comply with the Criminal Investigation Act.

The judgement stated Gibson should have been afforded an interpreter, as he had "only a very basic level of English comprehension and speaking ability".

Justice Hall also found Gibson was not afforded his right to a lawyer "until much later" and was not told at the outset of his right to silence or the fact that answers that he gave could be used in evidence.

'There'll be no justice for Josh', mother says

Mr Warneke's mother, Ingrid Bishop, says the family is "absolutely devastated" the murder charge has been dropped.

PHOTO Josh Warneke's mother Ingrid Bishop at the site his body was found one year after his death.

"It's a sad, sad day for the justice system here in WA because the situation we're in," she said.

"There'll be no justice for Josh.

"The fact that it's been downgraded to a manslaughter is unbelievable.

"We've obviously been in communication with the investigators and we were concerned that this was going to be the case, but to have read through the transcripts of the deliberations undertaken by Justice Hall, it's horrific and it's taken us right back to when it actually happened."

Ms Bishop said she expected Police Commissioner Karl O'Callaghan to take "a very strong, very public leadership role" in the situation and demand a formal audit.

"I imagine there will be an independent body engaged to do this so we can get down to the crux of the matter so this does not happen again," she said.

"To have this now get to this situation is diabolical. And now it's going into nothing more than a process - one upmanship on who's going to win this case."

A statement from WA Police said there would be an investigation into officers' handling of the case.

"The Police Commissioner has directed there be a full internal investigation into the conduct of the investigating officers involved in the Joshua Timothy Warneke case.

"All internal investigations of this type are also subject to independent oversight by the Corruption and Crime Commission."

The WA Government had previously offered a reward of up to $100,000 for information leading to the conviction of the person responsible for Mr Warneke's death.

Gibson is due to be sentenced on the charge of manslaughter in August.

Josh Warneke death exposes 'systemic failures' in WA Police, CCC review finds

By Nicolas Perpitch

Updated 5 Nov 2015

http://www.abc.net.au/news/2015-11-05/ccc-investigation-into-warneke-death-exposes-failures/6916862

The issues in this report fall fairly at the feet of the Government and senior police in this state. Michelle Roberts, State Opposition

PHOTO: Gene Gibson was originally charged with murdering Josh Warneke before his police confession was found to be involuntary. (Supplied: Court)

A corruption watchdog investigation into the unlawful killing of Josh Warneke in 2010 has "exposed systemic failures" in the West Australian police force.

Kimberley man Gene Gibson pleaded guilty to the manslaughter of the 21-year-old in Broome in 2010 and is currently serving a seven-and-a-half-year jail sentence.

Gibson, from the Western Desert community of Kiwirrkurra, was charged in August 2012 with murdering Mr Warneke.

But police questioned him without a translator and the Supreme Court ruled his interviews were involuntary and inadmissible.

Gibson's lawyers then negotiated with prosecutors who accepted a plea of guilty to manslaughter.

The Corruption and Crime Commission (CCC) has tabled its review of the police investigation in Parliament.

It focussed in particular on what it called a "series of flawed police interviews" in 2012, noting detectives ignored local officers' advice to re-do the interview with Gibson and arrange an interpreter.

The report explained, as its investigation advanced, it exposed a deep lack of knowledge and skills by police when interviewing Aboriginal people, confusion about the Criminal Investigations Act and failure to properly record critical decisions.

The CCC found detectives failed to follow procedures and breached the Act.

It said the Major Crime Squad, which headed the investigation, needed to urgently review its capacity to conduct admissible interviews and the way it dealt with people with language difficulties.

The CCC said it had chosen to take a cautious approach in forming opinions of misconduct against those involved because in many cases "the errors of individuals reflect a deeper malaise and systemic weakness, which permeates criminal investigations in this state".

CCC report calls for police culture, language training

The report calls for WA Police to ensure all officers know and apply their obligations under the Criminal Investigation Act 2006 and the Police Manual.

It recommends people who are not proficient in English have access to an interpreter.

It said officers interacting with Aboriginal people must be properly trained in culture and language.

The report said decisions not to charge people should be properly authorised and accountable.

The CCC noted disciplinary proceedings had begun against a number of officers and criminal charges were being considered in relation to one officer.

But it decided not to publish its opinions of misconduct in the report due to the risk of prejudicing those proceedings.

A spokesperson for Mr O'Callaghan said he would consider whether there were any new matters in the CCC report affecting the internal police investigation.

"Should the Commissioner consider there is relevant new material, he may use it to inform future decisions pertaining to the internal police investigation which commenced in July 2014.

Watchdog report is disturbing: Labor

Opposition spokeswoman for police Michelle Roberts said the results of the CCC investigation were "very disturbing".

She said the CCC report's findings could give the public "no confidence".

"It also finds that our major crime squad is under significant pressure, that there are people there that are overworked and tired and fatigued," she said.

"The issues in this report fall fairly at the feet of the Government and senior police in this state."

"What we need is a fresh outside look at things, we need a restructure, we can't just rely on police investigating themselves."

Topics: corruption, murder-and-manslaughter, police, broome-6725, perth-6000