The public hearing for the investigation into the arrest and death of Daniel Alfred Yock on 7 November 1993 focused primarily on whether there was evidence of criminal offences or misconduct on the part of any police officers in relation to the death of Yock; they are the issues referred to in paragraph (a) of the Terms of Reference.
However, wherever appropriate, evidence touching on the issues referred to in paragraphs (b) and (c) of the Terms of Reference which deal with police/ Aboriginal relations and Police Service procedures respectively was received if a witness called in relation to paragraph (a) issues could conveniently give it.
The public hearing was first convened in the Number 1 Hearing Room at the Commission's offices in Toowong on 17 November 1993 and thereafter on 14 days throughout November and December.
The taking of the bulk of the evidence was concluded on 23 December 1993 and the hearing was then reconvened on 3 and 4 February 1994 for the hearing of further evidence and the making of submissions by the legal representatives of the parties who had been given leave to appear.
On 12 November 1993 the Commission resolved to conduct a public investigative hearing presided over by Mr L F Wyvill, QC in capacity as Acting Chairperson, assisted by Mr David Boddice of Counsel, in respect of the following matters (hereinafter referred to as the "Terms of Reference"):
(a) Whether there is evidence of any criminal offence, official misconduct in any other form, misconduct including neglect or violation of duty by any member of the Queensland Police Service in relation to the death of Daniel Alfred Yock;
(b) Whether the relationship between members of the Police Service and members of the Aboriginal community had a bearing on the circumstances of the apprehension of Daniel Alfred Yock; and, if so
(c) Whether any changes are necessary to Police Service policies, procedures or operational instructions in relation to the apprehension and management of Aboriginal persons in similar circumstances.
List of submissions received (see Appendix 7)
Danny Abednego, Aboriginal and Torres Strait Islander Liaison Officer, Corruption Prevention Division, Criminal Justice Commission
Eugene Bargo, 139 Club Inc., Welfare Centre for the Homeless, 505 Brunswick Street Fortitude Valley
Monique Bond, Highgate Hill
Anne Coleman, Kedron
Josephine Conway, East Ipswich
R A Cook, Manly
Carol Dagley, Woolloongabba
Graham Hamilton Dillon, Gold Coast Aboriginal and Islander Housing Co-operative
Andrew Dunstone & Lin Morrow, Greenslopes
Mary Graham, ex-Commissioner, Corrective Services Commission, Brisbane & Regional Council, Aboriginal Council for Reconciliation Black Community Housing Service, Treasurer of Bali Young Women's Shelter, Parole Board, Police Liaison Group
Netta Tyson, Black Community Housing Service, Treasurer of Bali Young Women's shelter, Parole Board, Police Liaison Group
Robert Lachowicz, Solicitor, Cross Cultural Training Consultant, South Brisbane Immigration and Community Legal Service, West End
Bruce Lillis, West End
Mary-Lou Myles, Highgate Hill
John Lucas, 139 Club Inc., Welfare Centre for the Homeless, 505 Brunswick Street, Fortitude Valley
Ms R Phillips, Maleny
Queensland Police Service, Proposed Beat Policing of West End Police Division
By its Resolution of 12 November 1993 (Appendix 1) the Commission resolved to appoint Mr David Boddice of Counsel to appear as counsel assisting throughout the hearing of the matter.
When the hearing first convened leave to appear was sought and granted to lawyers appearing on behalf of the following parties:
- The Minister for Police and the State of Queensland, for whom Mr Plunkett of Counsel appeared, instructed by the Crown Solicitor.
- The six police officers involved in the arrest and detention of Daniel Yock, for whom Mr Chesterman QC and Mr Perry of Counsel appeared, instructed by Gilshenan & Luton.
- The Aboriginal Legal Service; each of the Aboriginal witnesses interviewed in relation to the investigation; and the family of the deceased, for whom Mr Jerrard QC, and at times Mr Carberry (Solicitor) and Ms Shiel (Solicitor) appeared, instructed by the Aboriginal Legal Service.
Throughout the hearing those parties were at all times represented by counsel or solicitors.