• The family of Elijah Doughty have been awarded access to trial documents. (Getty Images)Source: Getty Images
The family's lawyer says the court documents are instrumental for any civil action over the death of the Aboriginal teenager.
By
Rangi Hirini

Source:
NITV News
30 Aug 2018 - 5:18 PM  UPDATED 30 Aug 2018 - 5:43 PM

The family of the Kalgoorlie teenager hit by a car and killed in 2016 have been granted access to court documents that would help in any future legal case.

Elijah Doughty was riding a motorbike when he was chased through a dry river bed, with the man who collided with the 14-year-old found not guilty of manslaughter.

The driver was released from prison in March, after serving 19 months of a three-year sentence for dangerous driving.

The Doughty family now have the opportunity to assess the strength of any civil case after being awarded access to the trial transcript.

“It’s a win for the family because the family had been denied a level playing field,” family lawyer Stewart Levitt told NITV News.

He said they never should have had to bring the application.

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In March, Mr Levitt wrote to the West Australian Attorney General John Quigley notifying him the family’s intention to possibly sue the driver or the WA government.

While Tuesday's Supreme Court decision has provided access to the trial transcripts, the family was also seeking the sentencing and evidence submissions.

The driver’s identity was suppressed early for the safety of him and his family, and Mr Levitt says the suppression orders have hindered the options available to the family.

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He says they are also considering filing a Human Rights complaint against the West Australian government.

“We will file that they did not extend a fair treatment to the Doughty family, they breached the racial discrimination act, in the way they conducted the investigation inquiry,” Mr Levitt said.

“We know what the police should have done, we believe that they didn’t do all of those things," he said.

Elijah’s grandfather Albert Doughty told NITV News the matter was still ongoing but the family was happy to see the documents released.

“We want to get a good outcome,” he said.

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