A WA woman whose baby was sexually assaulted and murdered by her partner fails to get an inquest into her son’s death, with a judge finding it is not “necessary or desirable in the interest of justice”. Warning: This story contains images and names of Indigen…

A WA woman whose baby was sexually assaulted and murdered by her partner after he violently assaulted her has failed in a legal attempt to get an inquest into her son’s death, with a judge finding it was not “necessary or desirable in the interest of justice”.
Key points:

• Mervyn Bell murdered Charlie Mullaley after the baby’s mother was arrested
• Charlie’s family has queried if police “caused or contributed to” his death
• The judge said an inquest was unlikely to produce new evidence in the case

Warning: This story contains images and names of Indigenous people who have died.
In March 2013, Tamica Mullaley’s 10-month-old son, Charlie, was tortured over 15 hours by her partner, Mervyn Bell, after he had left her naked and bleeding on the street in Broome in Western Australia’s Kimberley.
Police were called, but in the chaotic scenes that followed, Ms Mullaley was arrested for assaulting a police officer.
The child’s grandfather, Ted Mullalley, did ask officers to take the baby, but the child was instead passed to friends before Bell took him from their house about half an hour later.
Mervyn Bell tortured and murdered baby Charlie before taking his body to a roadhouse near Karratha.(Supplied: WA Police)
In the hours that followed, Mr Mullalley repeatedly went to the Broome police station to try to get officers to search for his grandson, but when an alert was put out, it contained the wrong registration plate for the car Bell was driving.
Bell had the child for about 15 hours, torturing him before rushing his lifeless body into a roadhouse near Karratha, almost 1,000 kilometres away.
Charlie was found to have had injuries from his head to his feet, including broken bones, third-degree burns, internal bleeding, bruising and severe lacerations.
Family in push for answers about police
In 2014 Bell was found guilty of murdering Charlie, in what the judge described as an “evil” crime that “shocked the public conscience.”
He was sentenced to life with a 27-year minimum, but in September 2014 he took his life in the special handling unit of Casuarina Prison.
The Mullaley family wanted a public inquest to examine the role of police in the case.(Adam Haynes: ABC)
The case was investigated by the Corruption and Crime Commission (CCC) after a complaint was made by the Mullaley family alleging that the baby’s death could have been avoided if police had acted in a “timely” and “professional manner”.
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In its report, the CCC said while there was “a delayed and ineffective response” by individual officers on the night of Charlie’s disappearance, it was “impossible to know” whether a more rapid response could have saved the baby.
The Mullaley family also requested that the state coroner conduct a public inquest into Charlie’s death to examine the role of police in the case, but it was refused.
The family then took their fight to the Supreme Court, arguing that an inquest should be held to determine if the baby’s death “was caused or contributed to by any action of a member of the police force”.
Judge says new evidence unlikely
In his decision published today, Justice Rene Le Miere said he was “not satisfied that it is necessary or desirable in the interests of justice to order that [an] inquest be held”.
He said the allegation that police contributed to the death by failing to protect him at the scene of the assault was “not supported by the evidence”.
An inquest was not likely to clarify the facts around Charlie Mullaley’s murder, the judge found.(Supplied)
Justice Le Miere said the friends who were given the child were caring for him when the police arrived and were doing so “with the authority of his parent of guardian”.
He said an inquest was not likely to produce any new evidence in the case or clarify the facts around the baby’s death, noting it was caused “by injuries inflicted intentionally and culpably by Bell”.
While a coroner might make recommendations about police policies and procedures, Justice Le Miere said that was not a sufficient reason for ordering a public hearing.
“The function of an inquest is to inquire into the death and make findings. Any comments or recommendations made are ancillary to that function,” he said.
Justice Le Miere also said an inquest would cause “inconvenience, hurt and pain” to some of those required to give evidence about the scene of the assault.
No representatives of the Mullaley family were in court when the decision was handed down.
Decision ‘heartbreaking’: mother
Charlie’s mother said the family had been left devastated by the decision.
Tamica Mullaley says seven years after Charlie’s murder, there are still unanswered questions.(ABC Kimberley: Tyne Logan)
“Charlie’s murderer got an inquest but his victim, a tiny baby, does not,” she said.
“This is another slap in the face for me and my family and it’s just heartbreaking.”
Despite the court’s ruling, Ms Mullaley still believed the failings of police directly contributed to her son’s death.
“The police left my baby at the scene without asking about his safety. The police refused to look for my baby when I told them he had been abducted,” she said.
“It is clear to me that little black lives don’t matter in WA.”
Ms Mullaley said she had attempted to speak to WA’s Attorney-General John Quigley multiple times regarding the case, but had not been able to get a meeting.
Baby Charlie’s grandfather Ted Mullaley says the family expected better of the judicial system.(Supplied)
“The least he can do now is to ask the coroner to call an inquest. We thought that by having another inquest, we might have had a few more questions answered,” she said.
“It’s just unfair. We’ve been waiting seven years and we’re still not getting anywhere.”
Family calls for law change
In addition to asking Mr Quigley to intervene, she said the family would push for reform of the Coroner’s Act to ensure deaths like Charlie’s could be investigated in the future.
“That they do investigate deaths like this and that they take a real interest in Aboriginal deaths where police have been involved with the incident,” she said.
Charlie’s grandfather said they expected better of the judicial system.
Charlie’s mother Tamica and grandfather Ted say the decision is a slap in the face to their family.(ABC Kimberley: Tyne Logan)
“But we really didn’t have our hopes up a lot because we’ve been knocked back [before]. I think it’s pretty sad really, for the whole society,” he said.
A spokesman for the Attorney-General declined to comment when contacted by the ABC.