Coroner rejects push to remove himself from Cleveland Dodd inquest over claims of “apprehended bias”
The coroner overseeing the inquest into the death of Cleveland Dodd has rejected a bid by one of the WA justice department’s highest-ranking officials to recuse himself from the hearings over alleged bias.
Cleveland, a 16-year-old Yamatji boy, became the first person to die in WA youth detention, after self-harming in October 2023 in Unit 18 of the notorious Casuarina maximum security prison.
Coroner Philip Urquhart has presided over the inquest since the day after his death, when he visited the prison with Counsel Assisting the Coroner Anthony Crocker.
As the hearing began its final round of witnesses after 27 days of evidence, Coroner Urquhart had to deal with the extraordinary request by Deputy Corrective Services Commissioner Christine Ginbey to recuse himself over accusations of bias.
At a hearing last week, Ms Ginbey’s lawyer, Grant Donaldson SC argued the coroner had demonstrated “apprehended bias” by allegedly berating and bullying his client whilst she gave evidence in August.
Furthermore, Mr Donaldson claims Coroner Urquhart has unduly blamed Ms Ginbey for Cleveland’s death and called for him to either recuse himself or continue but without raising issues relating to Ms Ginbey.
Mr Donaldson said Coroner Urquhart attempted to assign blame to Ms Ginbey in a line of questioning about whether or not she could have made further enquiries about CCTV cameras in Unit 18 being covered.
Coroner Urquhart rejected the proposition on Friday, arguing his role in the inquiry was to ask questions relating to significant issues leading up to Cleveland’s death.
After using the weekend to settle on his reasoning, he rejected the application to recuse himself on Monday.
In explaining why he rejected the application, the ABC reported the coroner said an apprehension of bias, meaning a “fair-minded lay observer” may reasonably apprehend he may not bring an impartial mind to the issues, needed to be “firmly established”.
He said this was in line with the “high bar that reflects the gravity of the application”.
Covering the evidence heard during the inquest, Coroner Urquhart said a number of witnesses had accepted Cleveland’s death was both preventable and predictable — which he regarded as a key question.
In her evidence, Ms Ginbey only agreed it was preventable.
The ABC reported he also said “other department witnesses have been much more willing to accept the criticisms made” of messaging around the creation of Unit 18 than Ms Ginbey.
Steven Penglis SC, representing Cleveland’s mother Nadene at the inquest, last week said the application was a “remarkable attack on this court, both your Honour and counsel assisting”.
He said Ms Ginbey’s lawyers had “sat on their hands” during the inquest, having made no mentions of apprehended bias until last week.
“There is no explanation as to why this application was not foreshadowed earlier,” he said.
Mr Penglis also noted anyone familiar with coronial proceedings would understand the “role and conduct of Ms Ginbey would be the subject of intense scrutiny.”
Evidence at the ongoing inquest has highlighted a series of “grievous lies” told to the public by former Department of Justice director general Adam Tomison about staffing issues and conditions inside Unit 18, while former President of the WA Children’s Court, Denis Reynolds, described the justice department as “incompetent” and with “no will” to change.
In July, Mr Urquhart granted Ms Ginbey’s application to be represented by a dedicated lawyer when she gives evidence instead of the justice department’s legal team.
During her appearance at the inquiry in August, Ms Ginbey struggled to provide answers about the department’s preparations for Unit 18 and wrote herself a note in the witness box to find out more.
“I have about 80,000 emails in my inbox,” she said after revealing she had only recently performed a partial search of her emails to prepare her statement, despite being asked to do so the previous year.
She apologised for misleading the court about answers department lawyers had given her before she gave evidence, saying “I certainly didn’t need to be untruthful.”
“Can I remind you…about the importance of the oath that you’ve taken and the importance of giving truthful and honest answers,” Coroner Urquhart said in response.
The inquest was also shown a promotional video inside Unit 18, filmed two days before it opened, where Ms Ginbey stated: “It is going to be staffed fully by youth custodial staff.”
However, during her testimony, she conceded she knew at the time that adult prison officers would also be working at the facility, accepting it amounted to a lie before adding “I can’t offer an explanation for that”, which she repeated throughout her time giving evidence.
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