G4S settles over prison van death
The family of an Aboriginal man who died from heatstroke in the back of a prison van have reached a confidential out-of-court settlement in long-running legal action against a private custody transport company.
Mr Ward, whose surname is not used for cultural reasons, died in January 2008 after he was arrested on driving charges and transferred 360km from Laverton to Kalgoorlie-Boulder in 42C heat in a van in which the air-conditioner was not working.
His widow Nancy Donegan and one of her four children lodged a District Court writ in February 2011 seeking unspecified damages over the death.
The writ was filed against G4S Custodial Services and two former guards who were on duty for Mr Ward’s transfer.
They claimed compensatory and exemplary damages for injury by nervous shock arising from the 46-year-old’s death.
The case was listed for a conference in the District Court this week. But the court has since confirmed the matter was settled by a discontinuance notice completed last Friday.
In a statement, G4S confirmed that the civil action had been settled out of court. It said no details could be provided because the settlement was confidential.
The company again expressed its condolences to the family of Mr Ward and the Ngaanyat-jarra community over Mr Ward’s death.
The Aboriginal Legal Service, which represented Ms Donegan, would not comment on the settlement.
In 2009, State coroner Alastair Hope found the Department of Corrective Services, G4S and the two former guards on duty for the transfer had contributed to Mr Ward’s death.
The District Court action came after the State Government gave Ms Donegan and Mr Ward's four children a $3.2 million ex gratia payment in 2010.
Mr Ward’s death led to significant changes to the prison transport fleet and policies.
