Australian Human Rights Commission Submission to the UN Committee On The Elimination Of Racial Discrimination, 30 October 2017 157. Importantly, the Court also noted that the conduct of the investigation, treatment of Aboriginal witnesses, failure to communicate with the community or defuse tensions, and various other aspects of police conduct violated the right to access services intended for the public under art 5(f) of CERD.190 158. The State of Queensland has decided not to proceed with an appeal of the decision in Wotton (No 5).191 Kalgoorlie 159. The Commission notes in passing that Indigenous communities in Western Australia are considering legal action under the RDA in relation to alleged racial discrimination in the community and in police handling of a riot following the death of a 14-year-old Indigenous boy, Elijah Doughty, in Kalgoorlie in 2016.192 160. Elijah was killed after he was struck by a vehicle while riding a motorcycle. The motorcycle was allegedly stolen and was said to have belonged to the driver.193 The driver was charged with manslaughter. 194 161. Violent riots were sparked by frustrations that the charge was not more serious than manslaughter. Race-based comments on social media pages were said to have contributed to an atmosphere of tension in the town and helped to spark the violence. 195 162. A relative of Elijah, Mr Yarran, was sentenced to one year in jail for yelling obscenities at police prior to the riots. On appeal, Mr Yarran’s sentence was reduced to a suspended 12 month jail term and supervision order.196 Mr Yarran’s lawyer claims the initial punishment was excessive and racially discriminatory and that ‘the harsh sentence and actions of the police and courts following Elijah's death revealed fractures within the WA justice system’. 197 163. The driver responsible for Elijah’s death was eventually found not guilty of manslaughter but was convicted for dangerous driving causing death and sentenced to three years jail. 198 Recommendation 37: That:  all Australian governments ensure police are trained in cultural competency and anti-racism  all Australian governments implement independent review mechanisms to monitor compliance of police practices with international human rights law (including CERD and the Racial Discrimination Act 1975 (Cth)), and  the Queensland Government respond appropriately to the Federal Court of Australia’s decision in Wotton v State of Queensland (No 5) [2016] FCA 1457. 31