It’s been just over six months since the trial for Elijah Doughty’s killer saw a Kalgoorlie father sentenced to three years behind bars after being found guilty of dangerous driving occasioning death.
The man, whose identity has been suppressed by the courts, was acquitted of manslaughter and has been released on parole.
According to the WA Parole Board Review, the convicted man was considered for parole on February 6.
The board made the decision to accept the driver’s parole application because he had no prior criminal history and is at low risk of re-offending the board concluded.
It was discussed for the accused to be transferred outside of the State upon his release.
The fight’s not over
The Doughty family are now intending to sue the convicted driver and potentially launch a Human Rights Commission complaint against WA Police and the WA Director of Public Prosecutions.
In a letter to the West Australian Attorney General, lawyer Stewart Levitt representing the Doughty family had requested for the man’s identity to be released as well as records from the trial and sentencing hearing.
The family state the suppression order of guilty man's identity is becoming problematic to pursue him in civil court.
The family also want to be “satisfied” oabout the police and prosecution’s forensic decisions, investigation and prosecution.
“There have been innumerable instances where [Aboriginals] have been victims of white crime. The perpetration of crimes against Indigenous Australians is not ‘a notable expectation’.
“Rather, it would be a noticeable exception if the full weight of the criminal law were applied to white perpetrators of crimes against indigenous Australians,” the lawyer wrote.
Parole Board Review
On March 19 the Parole Board received confirmation the prisoner’s transfer applications have been approved and the driver who killed Elijah was released from jail on parole on March 21.
He is prohibited from contacting the Doughty family and must not enter the Kalgoorlie area.
The accused had also been relocated to a non-disclosed location, must attend counseling, and find employment immediately.
Yesterday Elijah’s grandfather Albert Doughty spoke to local media about the driver’s release.
He said the family was not notified of the man’s release and they found out about it through the media.
He said the Doughty family and their supporters have been writing letters requesting for the accused not to be released as they felt justice had not been served.
“Well everyone’s wounded and I feel gutted, it’s terrible what the sentence he got, a light sentence for what he’s done — it’s shocking,” Pop Albert told GWN7 News.
Last month Pop Albert held a peaceful march in Kalgoorlie with around 100 people turning out to support him.
NITV previously reported despite Elijah’s trial finished in July last year, the driver had been remanded in custody since August 2016 and was in conjunction with the WA Parole Board policy of eligible release.