As we prepare for the busy festive period and look forward to time with loved ones, we’ve also been busy doing what we do best: Fighting for justice for those who need it most.
This month, we bring you three powerful stories that reflect the heart of our work at O’Brien Criminal & Civil Solicitors: standing beside vulnerable people and holding powerful institutions accountable when they fail in their duty of care.
From an Aboriginal woman abused in the Beagle Bay Mission, inmates exploited by those in positions of authority, to a young man whose life was tragically taken in his own backyard, these cases remind us why the work we do matters so deeply.
Each story demonstrates our unwavering commitment to giving voice to those who have been silenced, seeking accountability where it has been denied, and ensuring that justice is within reach for everyone.
Justice Secured for Survivor of Prison Abuse
Our client, a young Aboriginal woman, endured repeated sexual abuse at the hands of Wayne Astill, a senior corrections officer at Dillwynia Correctional Centre.
Using his authority to threaten punishment or promise privileges, Astill exploited our client’s vulnerability multiple times.
Through our civil litigation, our client achieved a successful settlement from the State of NSW, securing recognition of both her suffering and the systematic failures that enabled it.
A Special Commission of Inquiry found Astill “should never have been employed” by Corrective Services NSW. In fact, he was previously convicted for offences against 14 inmates, and is now imprisoned.
Our firm continues to stand with other survivors of institutional abuse, fighting to ensure those in power face consequences for betraying their duty of care. We invite them to come forward if they need representation.
Western Australian Law Denies Justice for Cynthia Winawarl’s Family
Cynthia Winawarl, a proud Nyul Nyul and Yawuru woman, was stolen from her family at just 18 months old and placed in Beagle Bay Mission. There, she endured physical abuse, whippings, beatings, starvation, and sexual abuse beginning at age six.
When she bravely told the Sisters, she was punished for “lying.” More than 60 years later, Cynthia found the courage to seek redress through our firm.
Tragically, she passed away before her case could be settled. Unlike every other Australian jurisdiction, Western Australian law prevents estates from continuing civil claims for historical sexual abuse after the claimant’s death.
Despite our plea for an act of grace payment to cover funeral expenses, the WA Attorney General denied the request. Cynthia’s family now calls for urgent reform of this unjust legislation that denies survivors and their families the justice they deserve.
Coroner Finds Police Used Unlawful Force in Fatal Shooting of Bradley Balzan
Twenty-year-old Bradley Balzan was fatally shot by a NSW police officer in his own backyard after an encounter that began because he was wearing “a hoodie and sunglasses on a summer day.”
This month, the State Coroner, Teresa O’Sullivan, ruled the pursuit “unauthorised” and unlawful, determining police used “an unreasonable level of force.” The Coroner found Bradley should never have been stopped, and that OC spray “significantly escalated” the confrontation, depriving him of the chance to explain he was at home.
ABC News featured our Principal Solicitor Peter O’Brien describing the immeasurable grief Bradley’s family carries. Our firm represents Bradley’s father, Adam Balzan, in civil proceedings against the State of NSW.
The Coroner issued seven critical recommendations for police reform, recommendations our firm believes must be implemented immediately to prevent future tragedies. You can read these below.
👉 Read about the Bradley Balzan case
