'Kick in the guts' for Malu Sara families

Tuesday, 26 May 2009 23:16

By CATE TITASEY 

Families of the victims of the ill-fated Malu Sara are stunned by the lack of action taken against former Thursday Island Police Sergeant Warren Flegg for his role in the tragedy, and describe it as a “kick in the guts”.

Lily-Jane (L.J.) Shibasaki, speaking for the family of Wilfred Aniba skipper of the Malu Sara, says the family cannot understand how the inquest findings have not resulted in action being taken against Sgt Flegg, apart from him being suspended from Search and Rescue duties.
“The fact that Flegg is still working and was allowed to return to Thursday Island to work after the findings were handed down has been a big kick in the guts for the family. 
“Why was he allowed to return to T.I.?  Why wasn’t he stood down?” said Ms Shibasaki. “Can we conclude that, if you’re a police officer, it’s okay to be responsible for the loss of five lives, but it’s not okay to drink drive?
“We thought the Coroner’s findings would bring some justice and peace to the family, but  there is injustice and many questions remaining,” she said.
Ms Shibasaki’s questions come after a Cairns police officer was stood down after being charged with drink-driving twice in one night, while Sergeant Flegg, a senior water police officer on TI, criticised by Coroner Michael Barnes for his handling of the Malu Sara search and rescue, has been transferred to Cairns.
Senior Constable Michael Andrew Jessup pleaded guilty in the Cairns Magistrates Court on 20 April.  He was fined $1000 and disqualified from driving for nine months.
Jessup’s offences were in the general range, as opposed to the higher range, over .15, yet were considered serious enough to warrant him being stood down. 
His conduct is the subject of an investigation by the Ethical Standards Command. 
Coroner Barnes conducted the inquest into the deaths of five people when the Department of Immigration vessel, Malu Sara, was lost on 14 October, 2005, while travelling from Saibai to Badu.
The body of one of the passengers was located nine days later, while the findings were handed down on February 12 at the Thursday Island court house. 
At the time of the vessel’s disappearance, Sgt Flegg was the Officer-in-Charge of the Water Police on Thursday Island and was notified that the Malu Sara was experiencing difficulties during bad weather at night.
Coroner Barnes found that Sgt Flegg, when told that the Malu Sara was sinking, did not relay this information to Australian Search and Rescue or the Voluntary Marine Rescue at the time and later had “trivialised the predicament which had been reported to him.”
He also found that Sgt Flegg should not have conducted the police investigation shortly after the vessel disappeared as he had a ‘potential conflict of interest’ in the outcome and that this task should have been performed by an independent officer.
The Coroner recommended disciplinary action be taken against Sgt Flegg and Garry Chaston, the manager of the Immigration Department’s Thursday Island office. 
The Immigration Department suspended Mr Chaston without pay on Friday, 13 February, the day after the findings were delivered. Mr Chaston’s subsequent  resignation terminated the investigation. 
Sgt Flegg left Thursday Island on 15 February as requested by the grieving families. He returned to work for almost five weeks before leaving the island permanently on 19 April.
His return to the island has been criticised as insensitive by community members and the families of the victims.
Gina Joe, whose brother Fred lost his partner, Flora Enosa and their daughter, Ethena, 5, said that the families were very disappointed that Sgt Flegg returned to work on T.I.
“And he is still working for the police department. I listened to the transcripts of Sgt Flegg and he was negligent at work and five people died.
“That is a big crime. Drink driving is a small crime in comparison. None of this is fair. Who will support us? We are people of Queensland.”
Ms Shibasaki said, “We want everyone to know that, while Wilfred was doing everything to save the lives of himself and crew, government authorities responsible for the search and rescue were not taking his plea serious and as the Coroner put it, they were ‘incompetent, indolent, and ineffectual.”
.Coroner Barnes described the circumstances of the loss of those five lives  “as wretched as any I’ve been exposed to” and that, “if any one of those involved in purchasing, building, operating or searching for the vessel had faithfully and diligently discharged his duties”, the “terrible protracted chain of events” that resulted in the five deaths could have been stopped.
Police media advised that Sgt Flegg was not stood down after the Coroner’s findings although he was suspended from Search and Rescue duties as some issues from the findings are subject to an on-going Ethical Standards Command Investigation.
The media unit declined to comment on the issues raised in this article.
The Torres News was unable to contact Police Commissioner Bob Atkinson for comment and was told all comments would come from the Media Unit.