Two prominent Western Australian legal figures have renewed calls for an inquest into the deaths of three Indigenous children after the state Attorney-General declined to initiate one. Malcolm McCusker, a former governor of Western Australia and esteemed Kings Counsel, together with Denis Reynolds, a former president of the Western Australian Children’s Court with over three decades of judicial experience, sent a strongly worded letter to Attorney-General Tony Buti on Wednesday.

In their letter, McCusker and Reynolds criticized the government’s handling of the matter, characterizing the Attorney-General’s reliance on legal advice from the state’s Solicitor-General and State Counsel as incorrect. They emphasized that the Attorney-General retains clear statutory authority to direct an inquest, regardless of a coroner’s prior refusal. The letter cited Western Australian coroner Philip Urquhart’s July 2025 decision not to hold an inquest as flawed, challenging his assessment that the deaths were “unpredictable and unpreventable.” The legal experts argued that the inquest is essential to explore the circumstances surrounding the deaths, beyond simply determining cause.

The children, who were in the care of the Department of Communities and left with their mother Margaret Hawke, died in a drug-fuelled attack that has drawn national attention to serious alleged failures within the department. Investigations revealed that a significant email containing instructions to initiate a child safety probe was not reviewed until the afternoon the children were killed, despite arriving eight days prior. This email’s neglect has become a focal point of criticism regarding the department’s oversight.

Attorney-General Buti has consistently refused to call for an inquest, citing legal advice that a coroner’s refusal extinguishes his power to mandate one. However, McCusker and Reynolds reject this interpretation, asserting that the Attorney-General’s authority to order an inquest exists independently of the coroner’s discretion.

The letter coincided with remarks from WA Police Minister Reece Whitby, who acknowledged ongoing discussions between WA Police, his office, and the Attorney-General’s office regarding potential new evidence related to the deaths. Whitby indicated that further information was being reviewed and that dialogue on how to proceed was active as of this week.

The case remains a contentious issue within the state, spotlighting procedural failures in child protection services and raising questions about accountability in government response to Indigenous child safety.