A coronial investigation has found Western Australian prison authorities missed a critical opportunity to review the risk posed by a violent inmate before he murdered a child sex offender in his cell.
A Fatal Attack in Hakea Prison
The victim, Ashley James Bropho, was the stepbrother of Cleo Smith kidnapper Terence Kelly. He was awaiting sentencing in March 2023 after being convicted of luring a nine-year-old girl from a park.
While held in a protection unit at Hakea Prison, Bropho was violently attacked by his cellmate, Evan James Martin. The assault began with Martin bashing Bropho's head into shelving and putting him in a headlock. Another inmate then joined in, repeatedly punching Bropho and stomping on his head.
The fatal assault occurred the next day. Martin returned to their cell, placed Bropho in a choke-hold, and then stood on his throat, fracturing his larynx. Bropho died from his injuries.
A History of Targeting Sex Offenders
During the attack, Martin reportedly told Bropho, "Right now, you’re the weak, vulnerable one like the victims were... picture their faces and say goodbye."
Martin, who was serving time for aggravated armed robbery, later pleaded guilty to murder. He told the court he was "very guilty" but felt justified in killing a child sex offender.
His motive stemmed from a friend within the prison, a survivor of childhood sexual abuse, who was distressed to learn Bropho was their new cellmate. The friend had recognised Bropho from news reports.
This was not Martin's first attack on a convicted paedophile. In 2020, while at Acacia Prison, he and another inmate stabbed a sex offender 47 times, resulting in an attempted murder conviction. In 2022, he also threatened to stab another child sex offender at Hakea should they cross paths.
Coroner Identifies Systemic Failure
In his findings, Coroner Brendyn Dean Nelson described Bropho as a "particularly vulnerable prisoner." He stated the Department of Justice failed to properly assess and minimise the risk Martin posed to others in the protection unit.
The coroner found the department had not complied with its own policy to keep prisoners "safe and secure." He said Martin's prior attempted murder conviction in 2020 should have triggered a review of his status and risk level as a protection prisoner.
"While it is evident that individual officers made attempts to ensure his safety... it is also clear that the department missed an opportunity in late 2022 and early 2023 to review and potentially act upon the level of risk," Mr Dean Nelson said.
He concluded this missed opportunity preceded "a deliberate, criminal act" for which Martin has been held responsible by the Supreme Court.
Recommendations for Reform
The coroner made seven formal recommendations to prevent similar tragedies. Key among them was an urgent directive for the Department of Justice to install internal CCTV cameras in Hakea Prison's high-risk protection units.
He also urged the department to prioritise creating a high-level body responsible for managing the movement of high-risk prisoners who have committed serious acts of violence, including homicide, while incarcerated.
The coroner acknowledged the department viewed this incident as a reason to "continue to strive to make improvements" in managing protection prisoners.
