The family of an Aboriginal elder who died of heat stroke in the back of a prison van is to receive a $3.2 million ex-gratia payment from the West Australian government.
The payment to the Ward family does not prevent them pursuing legal action over his death, WA Attorney General Christian Porter said when announcing the payment on Thursday.
The deceased, known only as Mr Ward for cultural reasons, was effectively cooked to death in the van on a 360km journey from Laverton to Kalgoorlie in January 2008.
He was being transported in 40 degree temperatures by two private security company officers to Kalgoorlie to face a drink-driving charge.
Mr Porter told reporters in Perth that Mr Ward's death was due to the failure of the previous Labor government to replace a rundown prison transport fleet, despite warnings.
He said there were no strings attached to the payment to Mr Ward's widow Nancy Donegan and their four children.
It did not prevent the family taking legal action against the government or its agencies or the private contractor G4S but the payment was not an admission of legal liability, the attorney-general said.
"This ex-gratia payment is an unequivocal and sincere apology on the part of the present Liberal-National government for the failure of the previous Labor government to maintain an appropriate prison system and prison transport system.
"It's meant to show contrition, deep, deep remorse for what has occurred," Mr Porter said.
The $3.2 million payment was in the upper range of ex-gratia payments made in Australia, he said.
The Director of Public Prosecutions decision not to pursue charges over Mr Ward's death had been taken into account in determining the amount, Mr Porter said.
The Coroner found the two prison van drivers, their employer G4S and the Department of Corrective Services were all responsible for Mr Ward's death.
The $3.2 million includes a $200,000 interim payment already paid to the family, $1.4 million to be paid to Mrs Donegan and $400,000 each for the four children, to be held in trust by the public trustee.
Mr Porter said he had been informed Mrs Donegan would buy a house in Kalgoorlie, give around $110,000 to other family members and have the rest held in trust.
Shadow attorney-general John Quigley said the $1.4 million going to Mrs Donegan only covered lost wages.
"That is disappointing that there is no compensation for the cruel torture and roasting to death of Mr Ward."
Mr Quigley said the opposition was stunned that G4S had not been prosecuted.
"If this had been a dog that died in the back of that prison van the RSPCA 100 per cent would have prosecuted the person who put the dog in the back of the prison van."
Aboriginal Legal Service (ALS) chief executive Dennis Eggington welcomed the payment.
"The most important thing is that it's an acknowledgment by the state that there's been a wrong and that in some way that may go to make sure that this doesn't happen again."
But he said the ALS would consult with the Ward family about instituting legal proceedings against the government and G4S.
WA Deaths in Custody Watch Committee co-deputy chair Marianne Mackay said it had taken two and a half years but finally the government had acted.
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