2004 Palm Island death in custody

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The 2004 Palm Island death in custody incident relates to the death of Palm Island, Queensland resident, Cameron Doomadgee (tribal name: Mulrunji) on Friday, 19 November 2004 in a police cell. The death of Mulrunji led to civic disturbances on the island and a legal, political and media sensation that continued for three years. The Attorney General indicted an Australian police officer for a criminal trial for the first time since the public prosecutor's office was established. The officer was charged for a death in custody, was acquitted by a jury in June 2007.

Two legal questions arose from the death, firstly whether the taking into custody of Mulrunji was lawful and secondly were the injuries that led to his death illegally caused by the arresting officer.

Politically this event raised questions relating to the 1990 Royal Commission into Aboriginal Deaths in Custody and whether its recommendations to prevent deaths in custody had been implemented by Government.

The death of Cameron Doomadgee[edit]

Cameron Doomadgee, an Indigenous Australian was aged 36 when he died. The time of death was about 11:20am on Palm Island, one hour after being picked up for allegedly causing a public nuisance. Mulrunji was placed in the two-cell lockup which was the back section of the Palm Island Police Station. Fellow Palm Islander Patrick Bramwell was placed in the adjoining cell.[1]

The arresting officer, Senior Sergeant Chris Hurley, and the Indigenous Police liaison officer, Lloyd Bengaroo, were flown off the island the following Monday after receiving death threats and Chris Hurley's house being burned down.[2]

This was the 147th death of an Aboriginal person in custody since the handing down of the 1990 Royal Commission.[3]

An autopsy report by Coroner Michael Barnes was produced for the family one week after the death. It stated that Mulrunji had suffered four broken ribs, which had ruptured his liver and spleen, it also found that the body's blood alcohol content was 0.29 from a cocktail of alcohol including methylated spirits mixed with sweet cordial.[4] The family of the deceased were informed by the Coroner that the death was the result of "an intra-abdominal haemorrhage caused by a ruptured liver and portal vein".[4]

Main points from media reports after interviews with residents and relatives stated:

  • Mulrunji visited his new baby niece early on the morning of 19 November 2004
  • He was drinking beer at the time but was not considered to be drunk
  • He was carrying a bucket with a mud crab which he was going to sell.
  • He then walked from his mother and sister's house to Dee Street where he was picked up.[5]
  • He was walking along the street singing "Who Let the Dogs Out?" when Senior Sergeant Chris Hurley drove past.

Chris Hurley is a White Australian who was also aged 36 at the time of the incident.[6] He had spent the morning investigating complaints by sisters Gladys, Andrea and Anna Nugent that Roy Bramwell had assaulted them. One of the sisters needed to be airlifted to Townsville Hospital due to her condition as a result of Roy Bramwell's assault.

Gladys Nugent requested that Chris Hurley accompany her so that she could safely get medication from Bramwell's house. Chris Hurley drove her to the house in the police vehicle. While Gladys Nugent retrieved her medication, Patrick Bramwell was outside. He appeared intoxicated and was swearing at the police. His grandmother complained to Senior Sergeant Hurley who then arrested him.

Meanwhile Mulrunji taunted Police Liaison Officer Bengaroo with words to the effect of 'why does he help lock up his own people'. Chris Hurley then reentered the car and talked with Officer Bengaroo briefly. Mulrunji who had walked away, turned and swore at the Police officers. Chris Hurley drove over to Mulrunji and arrested him for creating a public nuisance.[7] Mulrunji was then taken in the back of the police vehicle for the short trip to the police station.[5]

Doomadgee family spokesman, Brad Foster, claimed that after the men had been put into the cells, fifteen minutes lapsed before a seven-second check was done on the inmates. Forty two minutes later a second police officer observed that Mulrunji was a strange colour and was cold to the touch. The officer could not find a pulse. When alerted to this, Arresting Officer Chris Hurley came into the cell and thought he could detect a pulse. According to statements an ambulance was then called taking fifteen minutes to arrive. During this time no attempts were made to resuscitate the prisoner, although the autopsy found that there would have been no chance of saving him.[1] The videotape footage from the cell shows Chris Hurley checking for breathing and pulse then "sliding down the wall of the cell until he sat with his face in his hands".[6]

When Mulrunji's sister brought lunch for him to the front section of the police station, she was not informed of events and was told to go away. The family and the state coroner were informed of the death at about 3pm that afternoon. Police began taking statements from witnesses. Procedures for taking of statements from illiterate Aborigines were not followed, including that they are required to have a representative present who understand the process (preferably a legal representation).[1]

The Doomadgee family later stated that the Government's response had not been to provide counselling for the family but to send in 18 extra police from Townsville who "strut around this community, looking intimidating".[1]

For the following week public meetings were held on the Island due to anger rising in the community about the death.[8]

Autopsy report[edit]

On Friday 26 November 2004 the results of the autopsy report were read to a public meeting by then Palm Island Council Chairwoman Erykah Kyle. The autopsy report was medical and did not state what caused his death. It did list possible causes which included that the multiple injuries sustained could have been consistent with him falling off a concrete step at the Palm Island watchhouse.[4][9] The injury may have been caused by Hurley falling on the deceased.[10]

The deceased was 181 cm tall and weighed 74 kilograms. Hurley was 201 cm tall and weighed 115 kilograms.[11] The Coroner later stated that the autopsy was "far too sensitive and private" to be publicly released.[12] Subsequent to the autopsy report reading a succession of angry young Aboriginal men spoke to the crowd and encouraged immediate action be taken against the police. Mulrunji's death was repeatedly branded "cold-blooded murder". A riot erupted involving an estimated 400 people, half of them school children.[4][9]

Riot[edit]

A crowd headed initially for the police station.[13] The local courthouse, police station, Hurley's home and the police barracks were burned down. Eighteen local police had to repeatedly retreat; firstly receding from the station to the residential barracks, when the barracks were also set alight they (and their families) withdrew to the hospital and barricaded themselves in. Cars and machinery were driven onto the runway, blocking all aircraft movement. Even the (Aboriginal) volunteer fire brigade had stones thrown at them while they tried to put out the courthouse and police station fires.[9]

The volatile situation was attributed to the lack of consultation with the family and community combined with the premature public release of the autopsy report.[9] They appeared to have jumped to a conclusion given their description of the death as "cold blooded murder".[4][9]

As the riot occurred during the school lunch break it was witnessed by many children. As a way of helping them understand and cope with the on-going trauma they had experienced children were later encouraged to express themselves through art, one of the resulting pieces was titled "We saw the police station burn. I want people to have love."[14]

Emergency Response, Public Safety Preservation Act[edit]

Later the same day approximately 80 additional police from Townsville and Cairns were flown to Palm Island to restore order.[9] Part of the flown in police contingent was the 'tactical response group' who wore riot shields, balaclavas and helmets with face-masks, Glock pistol at the hip and a shotgun or semi-automatic rifle in their right hand.[8] They converted the Bwgcolman Community School into a headquarters and sleeping barracks. The St Michael's school bus was commandeered.[8]

During the weekend the tactical response group searched many homes. Children as witnessed their parents were arrested and taken to Townsville for committing crimes such as public drunkenness and common assault.[15]

Premier Peter Beattie visited Palm Island on Sunday the 28th producing a five-point plan to restore order to local leaders. There was much debate over the appropriateness of the police/government response to the riot. There were extreme comments made about several aspects of the events. Complaints were made that Aboriginal Legal Aid had been denied access to the Island. Queensland Police Union President Denis Fitzpatrick demanded the rioters be charged with attempted murder of 12 police. The police who had been stationed on the island indicated through the Union that they did not wish to return to Island duties.[15]

An emergency situation was declared under the Public Safety Preservation Act 1986 (the Act) on the afternoon of the riot. It was lifted two days later just before the Premier's arrival. Later the timing of the "emergency" was disputed by lawyers for the Palm Island community. The lawyers maintained two key points, firstly that the emergency could only last for as long as the riot itself and secondly the police did not have extended search and detain powers under the Act that they had relied upon.[16]

Court proceedings[edit]

A total of 28 Indigenous Australians were arrested and charged with offences ranging from arson to riotous behaviour in the weeks following the riot.[4]

Initially thirteen Palm Islanders were arrested and charged. They appeared before the Townsville Magistrates Court on Monday 29 November, the first business day after the riot.[15] The Palm Islanders faced charges of riot, arson and assault. The Magistrate determined that due to the 'state of emergency' it would be too dangerous to allow the defendants to return to Palm Isalnd, therefore bail was not considered.[17] On 1 December three more rioters were arrested, all women; a 65-year-old grandmother, her daughter, and the daughter of a Palm Island Councillor.[18]

By 6 December, 19 accused were granted bail by the Queensland Chief Magistrate. Conditions were imposed such as not being allowed to return to Palm Island, not even for the funeral of Mulrunji. Another notable condition of bail was that they were not to attend rallies or marches over the death in custody. The circumstances leading up to the riot were taken into consideration when bail was considered. It was reasoned that if they stayed in a different community in Townsville there was a low likelihood of re-offending.[19]

Four people were prosecuted for the riot and were acquitted.[20]

Mr. Lex Wotton was warned by a Brisbane court in 2006 to comply with the original conditions of bail, to discontinue his public appearances at rallies and marches Mr. Wotton initially pleaded guilty to the charge of rioting, and was found guilty at trial. After others were acquitted he successfully challenged the legal proceedings and withdrew his guilty plea in May 2007.[21]

Investigation[edit]

Mulrunji's Family had suspicions about the results of the first autopsy by the Queensland government pathologist. They delayed Mulrunji's funeral and insisted that the Coroner order a second "independent autopsy" to be observed by a pathologist on behalf of the Doomadgee family.[5][17] The family also hired a private investigator to conduct an independent investigation of the death.[22]

Overturned Coronial inquiry[edit]

On 8 February 2005 an initial one-day directions hearing for a full coronial inquiry into the death in custody was held. It was decided by Coroner Barnes that the inquiry would take place on the island so that the people of Palm Island would have the opportunity to observe the process, however medical evidence and evidence given by police officers was to be taken in open court in Townsville due to logistical issues and safety concerns of the police. The inquiry would begin on 28 February.[23] Coroner Michael Barnes was assisted by two senior counsel. The directions hearing was held in a marquee because there were no premises on the Island large enough for the expected audience. 16 barristers and solicitors appeared representing the Queensland Government, the Doomadgee family, the Human Rights and Equal Opportunity Commission and the Queensland Police Service.[4] During the directions hearing the Doomadgee family requested that the deceased be referred to by tribal name "Mulrunji" in line with Aboriginal custom, the submission was not opposed.[23]

Coroner Barnes had previously been the Aboriginal Legal Aid solicitor for two families before the Royal Commission into Black Deaths in Custody.[5] On the first day of the inquiry the Coroner also disclosed that he'd headed the complaints section of the Criminal Justice Commission in the early 1990s when several complaints had been made about Chris Hurley but he had not handled the investigation and could not remember the complaints.[24] Although he had not been involved in the investigation, Mr. Barnes was the officer who made the final determination that the complaints were unsubstantiated. Lawyers for both the Doomadgee family and Senior Sergeant Chris Hurley asked that the Coroner disqualify himself (although for different reasons).[25] The Coroner subsequently disqualified himself, Deputy State Coroner Christine Clements flew to Townsville and took over. She decided that the inquest would start afresh on 29 March with a three-day directions hearing in Brisbane.[26]

In late September 2006, coroner Christine Clements found that Doomadgee was killed as a result of punches by Chris Hurley.

Clements also accused the police of failing to investigate his death fully. In response to the coroner's findings, Queensland Police Union president Gary Wilkinson was highly critical, saying that the coroner's use of "unreliable evidence from a drunk" was "simply unbelievable".[27]

The coroner also said that Mulrunji should not have been arrested, and that local police had not learned from the findings of a 1980s Royal Commission on the deaths of young Aboriginal men in custody. Largely supporting this conclusion was that Snr Sgt Hurley had considered it necessary to raise similar concerns only a year prior to Mulrunji's death to the Federal Parliamentary Standing Committee on Aboriginal and Torres Strait Islander Affairs. In his submissions to the Committee, Senior Sergeant Chris Hurley pointed out the lack of an alcohol diversionary centre on Palm Island. He complained "If we attend a job in relation to alcohol where the person has not committed any other offences besides being drunk in public, the only option we have is to take them to the watch-house." [28]

Director of Public Prosecutions decision[edit]

Leanne Clare, the Queensland Director of Public Prosecutions (DPP), announced on 14 December 2006 that no charges would be laid as there was no evidence proving Sergeant Chris Hurley was responsible for Mulrunji's death.[29] She reportedly received advice from former Supreme Court Judge James B. Thomas before making this decision.[30]

Disciplinary prosecution[edit]

The incident also resulted in an investigation by the Crime and Misconduct Commission (CMC). Included in the duties of the CMC is investigating allegations of police misconduct.[31] Included in the allegations made against Chris Hurley was the allegation that he wrongfully caused the death of Mulrunji. Although Prosecution were concerned with disciplinary proceedings rather than criminal court proceedings the CMC reached the same conclusion as the DPP in relation to Hurley being criminally responsible for causing the death. They advised that "The Commission has determined that the evidence would not be capable of proving before any disciplinary tribunal that Senior Sergeant Hurley was responsible for Mulrunji's death."

Review of DPP Decision[edit]

After several days of media and public pressure, Queensland state Premier Peter Beattie appointed retired Justice Pat Shanahan to review the DPP's decision not to lay charges against the police officer. Shanahan resigned after it was revealed he had sat on the panel that originally appointed DPP Leanne Clare in 1999.[32] Former Chief Justice of the Supreme Court of New South Wales, Sir Laurence Street, was selected to review the decision not to charge Chris Hurley over the death of Mulrunji.[33]

The review resulted in the overturning of the DPP's decision, with Street finding there was sufficient evidence to prosecute Chris Hurley with manslaughter.[34] This was the first time since the public prosecutor's office was established in Queensland that anyone other than the DPP made a decision concerning whether or not to indict an individual.[35]

Trial[edit]

In June 2007 the Townsville based trial of Chris Hurley on charges of assault and manslaughter took place.[36] Chris Hurley was found not guilty after medical evidence was given which discredited claims by other witnesses of an assault by Hurley upon Doomadgee.[37] Public funded investigation and prosecution alone cost at least $7 million.[38]

District Court appeal[edit]

In September 2008 Senior Sergeant Chris Hurley's lawyers appealed Coroner Christine Clements findings (September 2006) that he had killed Mulrunji with three fatal punches[39]

On 17 December 2008 District Court Judge Bob Pack, in Townsville, ruled that Coroner Christine Clement's finding "..was against the weight of the evidence..",[39] so upholding Chris Hurley's appeal, requiring a new Coronial Inquiry and outraging local Aboriginal peoples who fear this will "..only dig up buried bones.."[39][40]

Supreme Court appeal[edit]

In May 2009 Mulrunji's family's lawyers attempted to have Judge Pack's decision ruled invalid in the Court of Appeal.[41]

The Court noted that because Mr Bramwell did not have a clear view of the incident the Coroner concluded that the punches described by Bramwell hit the abdomen or torso of the deceased rather than the head and this caused the death.[42] They further noted that the medical evidence before the Coroner allowed for the possibility that punches were one possible explanation for the facial injuries or bruises but the medical evidence unequivocally rejected punching described by Bramwell as a cause of death.

They noted that the Coroner did not advert to that evidence in her report. They quoted the Coroner's observations about the cause of death and that "The consensus of medical opinion was that severe compressive force applied to the upper abdomen, or possibly the lower chest, or both together, was required to have caused this injury." and that "Medical witnesses were asked to consider whether the application of a knee or an elbow, whilst [the deceased] was on the hard flat surface, either during or separate to the fall could have caused the mechanism of injury. This was accepted as a possible means by which the injury could have occurred". (By comparison even in 2012 a journalist publicly maintained the view that the medical consensus regarding the possibility the injury could have been caused during the fall was incorrect. Documentary Director Tony Krawitz opined in an interview that "something really violent happened" and shortly after stated "It wasn't treated as a murder investigation which is what was meant to have happened."[43])

The Court concluded that the Coroner's finding that Chris Hurley caused the death by punching was not reasonably open on the evidence.[42]

The Court then addressed the Attorney-General and the appellants argument that only the Coroner's finding that punching caused the fatal injuries should be set aside as a result of the medical evidence.[42]

The Attorney General and appellants submitted that if punching is set aside there should be an inevitable finding that the fatal injuries were due to a deliberate application of force by Chris Hurley after the fall e.g. a knee drop. The Court did not accept that inevitably follows and pointed out that Bramwell's evidence could be said not to "leave room for such an occurrence" (Bramwell was an exclusive witness for only 6 to 10 seconds and volunteered incriminating evidence at the Coronial hearing that Hurley punched Mulrunji. However, he made no claim that 201 cm Hurley did a knee drop during that time).[44] However they emphasised that they were merely addressing the submission not making findings on fact as that is not their function in hearing the appeal. Instead they ordered that the Coronial Inquiry be reopened to re-examine the facts as the original Coronial Inquiry findings were set aside.[42]

Coronial inquiry[edit]

On 14 May 2010 a new full coronial inquiry into the death in custody concluded.[45] During the course of the coronial enquiry it was revealed that a police witness Senior Sargeant Michael Leafe originally estimated that Chris Hurley was alone with Mulrunji for 10 seconds but changed it to 6 or 7 seconds after reenacting his actions during that time and timing it on the request of Chris Hurley's lawyer. At trial he only gave his revised estimate.[46] Prosecutor Peter Davis suggested that this (the fact of giving a shorter estimate in court not the out of court attempt to get a more accurate estimate) was an attempt to sabotage prosecutors. However, Sen Sgt Leafe said he believed Hurley's prosecution was a cynical political exercise.[47]

In his findings Coroner Brian Hine disagreed with the Supreme Court of Appeal regarding the knee drop. He believed that the evidence left room for a finding that a knee drop may have occurred. He found that the injuries could have been caused by Sen Sgt Chris Hurley accidentally falling on top of Mr Doomadgee or by the officer "dropping a knee into his torso". He said that due to the unreliability of police and aboriginal witnesses he could not make a definitive finding. However, he found that Chris Hurley punched Mulrunji in the face and abused him while attempting to get him into the station and found that police colluded to protect Chris Hurley. A CMC report leaked to the media reportedly recommends that 7 officers will face charges. [45]

Palm Island Select Committee[edit]

In April 2005, Premier Beattie established the Palm Island Select Committee to investigate issues leading to the riot and other problems.

Their report [48] was tabled on 25 August 2005 It detailed 65 recommendations which seek to reduce violence and overcrowding, and improve standards of education and health. In achieving these objectives, issues such as drug and alcohol abuse and unemployment would also be addressed.[49]

Palm Island Death Surrounding Controversy[edit]

Patrick Bramwell, a cell-mate of Mulrunji, repeatedly attempted to set himself on fire after giving evidence before the first coronial inquest.

Political controversies[edit]

Air fare affair[edit]

In one of the more unusual political controversies of the Beattie Government, then Queensland Indigenous Policy Minister Liddy Clark offered for activist Murandoo Yanner and Carpentaria Land Council chief executive Brad Foster to accompany her to Palm Island in the weeks after the riot at taxpayers' expense.[50]

The Minister and her office told The Australian newspaper the Government paid for the tickets in order to expedite the purchasing of the tickets at such short notice; both Yanner and Foster had agreed to reimburse the Government later for the cost of the tickets. According to Yanner and Foster, Minister Clark's Senior Policy Advisor had asked them to fabricate a story for the public that they had agreed to reimburse the cost of the flights, while assuring them they would not have to pay.[50]

Premier Peter Beattie ordered the Minister to pay the $1 775 herself[50] although he would not go as far as to fire her over the controversy unless there was an adverse criminal or misconduct finding, he said that Mr Yanner had no credibility, the Minister immediately took unscheduled holiday leave.[51][52] A Crime and Misconduct Commission (CMC) criminal and misconduct investigation was launched into the whole affair,[50][52] Mr. Yanner and Mr. Foster refused to cooperate with the investigation. Ms. Clark and her Senior Policy Advisor were interviewed at length by the CMC, Ms. Clark maintained that she had never spoken to Yanner or Foster, that she had not directed her Senior Policy Advisor to politically cover for her with the alleged deal and that Yanner and Foster were definitely told that they would have to pay the airfare back.[53] The CMC demanded that the Australian Broadcasting Corporation (ABC) hand over the tapes and backup tapes of particular interviews with Yanner and Foster which were central to the investigation, the interviews then had to be deleted from ABC audio and computers.[54]

Even though the Minister had already personally paid the cost of the airfare the Queensland Government ministerial services still pursued Yanner and Foster for the money on behalf of Ms. Clark however they refused to pay.[55]

On 1 March 2005 the CMC released its draft report, finding that the office of the Minister for Indigenous Affairs had lied over the airfare affair to avoid short-term political embarrassment, sending a deliberately misleading statement to The Australian. The Minister Liddy Clark, who was a former Play School presenter, immediately resigned from the Cabinet to become a backbencher. The Premier accepted responsibility for giving "a new minister such a tough portfolio".[56] Liddy Clark and the two ministerial staff denied deliberately misleading the public.[57]

The adverse finding was based on a media statement to The Australian which made the positive statement; "we agreed to assist with the airline bookings on the understanding that they would pick up the cost" when it was known at the time by the Minister that the possibility of the airfares being repaid was only mooted after the tickets had been booked. The CMC noted that it was not improper for the flights to have been paid by taxpayers, nor was it improper to ask for it to be reimbursed, the lying to escape political fallout was the only issue of misconduct. "The mischief lies in what was an abandonment of the truth to avoid the possibility of short-term political embarrassment."[56]

ALP branch revolt[edit]

Some months after the riot the 24-member Australian Labor Party (ALP) branch on Palm Island publicly revolted against Queensland Premier Peter Beattie, writing a letter to him through local State Member Mike Reynolds outlining grievances against the State Government Labor Party administration. The letter stated that the branch was active in organising protests against the Premier and his upcoming opening of a new Queensland Police Youth Club facility on Palm Island. The letter even hinted at a desire among members to defect to the Liberal Party of Australia, stating that under Labor living conditions have not improved on the island, and life expectancy had fallen.[58]

Police youth centre[edit]

In a general atmosphere where there was high levels of local animosity towards the police in the months following the riot, the Queensland Government coincidentally had completed construction of a new multi-million dollar community centre which would be primarily under the control of the Police Youth Club Association. Premier Peter Beattie was due to open the new facility in February 2005, in the lead up to the launch (while the Coronial inquiry was just beginning) Mr Beattie was asked not to proceed with the launch by the Doomadgee family. Additionally the Palm Island Council moved a resolution asking that the Centre not be opened until its use and occupancy could be agreed upon between the State and Local Governments. The resolution specifically asked that the Centre not be in the possession of the Police Citizens Youth Club Association or the Queensland Police Service.[58][59]

The Government agreed in advance that the Centre would no longer have the word "Police" in its title however the opening by the Premier was to proceed as planned.[59] When the Premier opened the centre he was met with a generally hostile reception. The Council boycotted the ceremony and only thirty people attended the ceremony, half of whom were holding placards demanding more money be spent on employment and health services. Beattie said that this reaction was to be expected because of current tensions with the community about police, however facilities like this were a way of building better relations between the community and the police.[60]

The State Government has since been largely vindicated with the PCYC Centre having become a great success on the island where young and old participate in numerous sporting, educational and cultural activities in a safe and comfortable environment. The Centre is mostly staffed by community members and it has been the focal point of re-building positive relations between the police and the community.[61]

Police union and aboriginal activists[edit]

Soon after the riot the Queensland Police Union President Denis Fitzpatrick demanded the rioters be charged with attempted murder of 12 police. The police who had been stationed on the island indicated through the Union that they did not wish to return.[15] Former Premier Wayne Goss dismissed as "cheap politics" the union's demand for attempted murder charges to be laid, he said their comments since the death in custody had been consistently unhelpful.[62]

After the alleged rioters were granted bail Queensland Police Union Presiden Denis Fitzpatrick criticized the magistrate's decision to grant bail saying that the safety of the community had been put last and that the decision amounted to a "betrayal" of the police.[19] His comment was criticized as hypocritical and systematic of "one rule for us and one for whites and that's a racist legal system where the cops get their way" by Burketown Aboriginal activist Murrandoo Yanner and relative of the Doomadgee family was at the centre of controversy over his calls for Aboriginals to bash all "racist cops" and for all police stations to be burnt. Yanner said that Hurley was no racist, that he was loved by the Indigenous communities he had previously worked in, and that he identified with Hurley in that "he was a thug and a mug. I am the same", and that they would both respond with fists when confronted or challenged, portraying a cop who some years ago had confronted and overcome his own inherent racism while working in the Torres Strait. Yanner said his anger was with the legal system in general and particularly the police's role in justice for Indigenous people, saying that Chris Hurley was an exception to these problems, but that he had probably gone too far in giving Mulrunji a hiding.[63]

Sen. Sgt. Chris Hurley received a confidential payout of A$100,000 from the Queensland Government in February 2005.[64] In mid-February 2005 Chris Hurley resumed duties after three months on paid leave. He was appointed to a duty officer position at the Broadbeach police station on the Gold Coast[65]

The Queensland Government agreed to provide a confidential payout of A$370,000 to Mulrunji's family in May 2011.[66]

When Coroner Barnes disqualified himself from the inquiry the QPU called for him to be sacked immediately from the position of state coroner for the indiscretion of drinking with one of the lawyers during the inquest.[26]

After Coroner Clements made her findings but before they were overturned by the District and Supreme Courts as being inconsistent with the evidence QPU President Gary Wilkinson was highly critical.[67] As a result he was charged with contempt of court by the Attorney General.[68] Wilkinson later publicly apologised and pleaded guilty to the contempt. He was ordered to pay costs with no other punishment.[69]

After the Attorney Generals decision to prosecute was made public members of the Union held rallies in every major city in Queensland protesting against the political intervention, and in support of Senior Sergeant Chris Hurley.[70]

The Police Union were apparently incensed that a police officer should be the first person in Queensland since the public prosecutor's office was established to be indicted based on a decision of someone other than the DPP and argued that it amounted to political interference in the Justice System. After the trial concluded the Union released advertisements against the Beattie Queensland government, comparing the government to Robert Mugabe and his government.[71] More specifically the ad stated: "Zimbabwe is a good example of what could happen where politicians override the laws to suit themselves."

Related events[edit]

In 2007 Tony Koch, The Australian's chief reporter in Queensland, won the Graham Perkin Australian Journalist of the Year award for his coverage of the 2004 Palm Island death in custody and related events since.[72]

In 2012 Tony Krawitz, film and television writer and director won the Walkley Foundation Long-form Journalism: Documentary award for his Tall Man documentary based on the book The Tall Man by Age newspaper journalist Chloe Hooper.[73]

Brisbane-based band Powderfinger wrote a song Black Tears which mentioned the Palm Island death in custody by the words "An island watch-house bed, a black man's lying dead". The song was to be released as part of their 2007 album Dream Days at the Hotel Existence.

Fearing that the lyrics of the song might prejudice the case against their client, Chris Hurley's legal team referred the song to Queensland's Attorney-General, Kerry Shine, in an attempt to get the song banned or the lyrics changed.[74][75]

The band's management claimed that while the lyrics of the song reference the Chris Hurley case, that they were not specific enough to warrant a ban.[76]

The band's response to the issue was to use an alternate version of "Black Tears" on the album, one that had differing lyrics to the originally intended version, but to keep the launch date the same. In contrast to the report from the band's management, the band reports that the song was originally influenced by offences relating to people climbing the Australian attraction Uluru (deemed sacred by indigenous Australians), acknowledging nothing relating to the legal case.

Timeline[edit]

Timeline[22][42][77][78][79][80][81][82]
Date Event
8 July
2003
Chris Hurley points out lack of alcohol diversionary program on Palm Island meaning that the only option for drunk and disorderly Palm Islanders is to take them to the watchhouse.
19 November
2004
Mulrunji, 36, dies in custody at Palm Island police station after being arrested for being drunk and causing a nuisance.
26 November
2004
Palm Islanders riot. Police officers seek refuge at the island's hospital and are airlifted to safety. Rioters burn down the police station, courthouse and the home of officer-in-charge Senior Sergeant Chris Hurley.
1 December
2004
State Coroner Michael Barnes orders a second autopsy be conducted.
3 December
2004
Private investigator hired to carry out an independent investigation into Mulrunji's death.
11 December
2004
Doomadgee funeral, Palm Island elders call for justice rather than division.
11 February
2005
Chris Hurley receives a confidential payout of A$102,955 from the Queensland Government.
28 February
2005
Coronial inquiry into Mulrunji's death begins.
1 March
2005
The inquest proceedings are stalled after allegations of bias are made against Mr Barnes.
4 March
2005
State Coroner Michael Barnes stands down from the inquiry after claims of bias.
30 March
2005
Second inquiry begins with Deputy Coroner Christine Clements as Acting Coroner.
27 February
2006
The inquest resumes on Palm Island for two days, and then for the following three days in Townsville
27 September
2006
Deputy Coroner Christine Clements finds Snr Sgt Hurley responsible for Mulrunji's fatal injuries.
7 October
2006
Senior Sgt Hurley stood down following the coroner's findings.
14 December
2006
Queensland Director of Public Prosecutions Leanne Clare announces that no charges will be laid against Senior Sergeant Chris Hurley over Mulrunji's death.
14 December
2006
Criminal Misconduct Commission announces that no disciplinary charges will be laid against Senior Sergeant Chris Hurley over Mulrunji's death.
4 January
2007
Former NSW chief justice Sir Laurence Street starts review of DPP's decision.
16 January
2007
Witness Patrick Bramwell hangs himself on Palm Island.
26 January
2007
Sir Laurence advises there is enough evidence to prosecute Snr Sgt Hurley, who is officially suspended.
5 February
2007
Snr Sgt Hurley faces Supreme Court charged with manslaughter and assault.
6 February
2007
Queensland police halt plans to march on state parliament over Snr Sgt Hurley being charged after Premier Peter Beattie accedes to demands for closed circuit cameras in watchhouses in Aboriginal communities.
16 March
2007
Justice Kerry Cullinane sets down a two-week trial to start on 12 June in the Townsville Supreme Court for Snr Sgt Hurley.
22 March
2007
William Neville Blackman, John Major Clumpoint, Dwayne Daniel Blanket, and Lance Gabriel Poynter are found not guilty of rioting with destruction by a Brisbane Supreme Court jury.
April
2007
Crime and Misconduct Commission announces a review of policing in indigenous communities.
8 May
2007
Terrence Alfred Kidner sentenced to 16 months in jail in Townsville District Court after pleading guilty to rioting on Palm Island.
31 May
2007
Accused rioter Lex Wotton succeeds in Brisbane District Court application to be released from custody on bail with strict conditions, formally entering a plea of not guilty to rioting with destruction on Palm Island.
5 June
2007
State budget announces boost to police numbers in indigenous communities, more CCTV cameras for watchhouses.
10 June
2007
Queensland Police Minister announces an extra 29 police officers for indigenous communities.
12 June
2007
Hurley case begins in Townsville Supreme Court. Large group of Palm Islanders and police turns up to watch.
15 June
2007
Snr Sgt Hurley breaks silence, testifying in his own defence. Says he has come to terms with the fact he caused the death, but strongly denies any intention to cause harm.
20 June
2007
Jury acquits Hurley on manslaughter and assault charges.
September
2008
Lawyers for Chris Hurley appeal to Queensland's District Court to overturn Deputy Coroner Christine Clement's 26 September 2006 findings that he had fatally injured Mulurunji
17 December
2008
Townsville District Court Judge Bob Pack hands down a ruling upholding Chris Hurley's appeal and ordering a fresh inquest in Mulurunji's death.
16 June
2009
Queensland Court of Appeal hands down a ruling affirming that the Coroner's findings be overturned, revealing that the Coroner's report failed to mention that medical evidence unequivocally rejected that punching could have caused the death, and ordering a fresh inquest in Mulurunji's death.

See also[edit]

Further reading[edit]

References[edit]

  1. ^ a b c d Koch, Tony; MATP (29 March 2005). "ISLAND OF DISTRESS". The Australian. p. 9. 
  2. ^ Koch, Tony (27 November 2004). "Police run for their lives as rioters torch buildings in a tropical island rampage". The Australian|The Weekend Australian. Retrieved 27 November 2004. 
  3. ^ Ridgeway, Aden (17 November 2006). "Line in the Sand (Palm Island)". Message Stick. ABC. Retrieved 1 February 2007. 
  4. ^ a b c d e f g Koch, Tony; MATP (7 February 2005). "Care or custody: the Doomadgee issue". The Australian. pp. 1 and 4. 
  5. ^ a b c d Koch, Tony; MATP (8 February 2005). "Features". Tracking a hunter's last steps. The Australian. p. 11. 
  6. ^ a b Koch, Tony; MATP (21 June 2007). "ANOTHER BLACK STAIN". The Australian. p. 13. 
  7. ^ Office of the State Coroner "Finding of Inquest", 27 September 2006. Retrieved 28 July 2012.
  8. ^ a b c Koch, Tony; Fraser, Andrew; MATP (29 November 2004). "One death too many". The Australian. p. 10. 
  9. ^ a b c d e f Koch, Tony; Fraser,; rew (27 November 2004). "Police run for their lives as rioters torch buildings in a tropical island rampage". The Weekend Australian. p. 1. 
  10. ^ Brennan, Frank (28 January 2007). "Australia Day recalls matters of life, death ... and justice". The Catholic Weekly. Retrieved 19 March 2007. 
  11. ^ Head, Mike (11 October 2006). "Australian coroner: Police killed Aboriginal prisoner on Palm Island". Melbourne Indymedia. Archived from the original on 4 February 2007. Retrieved 19 March 2007. 
  12. ^ Head, Mike (3 December 2004). "Aboriginal death in custody triggers Palm Island riot". World Socialist Web Site. Retrieved 30 January 2007. [dead link]
  13. ^ Krawitz, Tony (2011). "Tall Man (documentary)". 
  14. ^ Koch, Tony (1 December 2004). "Island kids get to the art of the matter". The Australian. p. 1. 
  15. ^ a b c d Koch, Tony; MATP (29 November 2004). "Police accused over island `terror tactics'". The Australian. p. 1 and 2. 
  16. ^ Koch, Tony; MATP (19 January 2005). "Police face civil action over riots". The Australian. p. 6. 
  17. ^ a b Koch, Tony; Gerard, Ian; MATP (30 November 2004). "Second autopsy for Palm Islander". The Australian. p. 1 and 6. 
  18. ^ Koch, Tony; Patricia Karvelas; MATP (2 December 2004). "Dead man's son the forgotten one". The Australian. p. 7. 
  19. ^ a b Gerard, Ian; MATP (7 December 2004). "Bail `betrayal' angers police". The Australian. p. 1 and 2. 
  20. ^ "Not Guilty – all 4 defendants in Palm Island 'riot' trial". March 2007. Archived from the original on 30 August 2007. Retrieved 1 May 2007. 
  21. ^ "Accused Palm Is rioter withdraws guilty plea". 25 May 2007. Retrieved 28 May 2007. [dead link]
  22. ^ a b "Timeline: the Palm Island trial". ABC Online. 19 June 2007. Retrieved 21 June 2007. [dead link]
  23. ^ a b Koch, Tony; MATP (9 February 2005). "Police avoid Palm Island `trouble'". The Australian. p. 4. 
  24. ^ Koch, Tony; MATP (1 March 2005). "Island sergeant had faced inquiry". The Australian. p. 3. 
  25. ^ Koch, Tony; Parnell, Sean; MATP (2 March 2005). "Chief defends Palm Island sergeant". The Australian. p. 7. 
  26. ^ a b Koch, Tony; MATP (4 March 2005). "`Biased' coroner out of inquest". The Australian. p. 4. 
  27. ^ Police accused of Aborigine death, BBC News, 27 September 2006.
  28. ^ Interest in black deaths in custody renews, ABC News, 7.30 Report, 15 December 2004.
  29. ^ No charges over Aborigine death, BBC News, 14 December 2006.
  30. ^ DPP had second opinion, Courier Mail, 31 January 2007.
  31. ^ "OurJurisdiction". 2 December 2006. Retrieved 20 March 2007. 
  32. ^ "Palm Island judge quits over conflict of interest". The Sydney Morning Herald, Australian Associated Press. 27 December 2006. Retrieved 24 January 2007. 
  33. ^ "Aboriginal leaders applaud Mulrunji review appointment". ABC News Online. 4 January 2007. Retrieved 31 March 2010. 
  34. ^ "Policeman to be charged over Palm Island death". ABC Online. 26 January 2007. Retrieved 30 January 2007. [dead link]
  35. ^ "Principles under pressure". The Courier Mail. 6 July 2007. Retrieved 15 May 2012. [dead link]
  36. ^ "Relations have improved: Beattie". Australian Associated Press. 27 May 2007. Retrieved 28 May 2007. 
  37. ^ "Palm Island officer not guilty". Sydney Morning Herald. 20 June 2007. Retrieved 20 June 2007. 
  38. ^ Gregory, Jason (25 June 2007). "PALM ISLAND DEATH PROBE TOPS $7M". The Courier Mail. p. 6. 
  39. ^ a b c Courier Mail "Anfry (sic) Palm Islanders want Mulrunji Royal Commission", 18 December 2008. Retrieved 21 December 2008
  40. ^ Domadgee probe may get new head, The Australian, 22 December 2008.
  41. ^ The Age "Christine Flatley (sic) Court orders new Palm Island inquest", 16 June 2009. Retrieved 17 June 2009. Archived 19 June 2009.
  42. ^ a b c d e The Supreme Court of Queensland "Supreme Court of Appeal judgement", 16 June 2009. Retrieved 2 September 2009
  43. ^ Tall Man documentary honoured ABC News 12 May 2012. Accessed 15 May 2012
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  45. ^ a b Shwarten, Evan (14 May 2010). "Police colluded to protect Senior Sargeant Chris Hurley over death in custody of Cameron Doomadgee - Coroner". Herald Sun. 
  46. ^ Woodward, Megan (11 March 2010). "New Evidence in Palm Island Inquest". TV News Qld. 
  47. ^ Shwarten, Evan (11 March 2010). "New dad Senior Sergeant Chris Hurley faces custody death probe". Herald Sun. 
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  49. ^ "Overcrowding central to Palm Island's problems: report". ABC Online. 25 August 2005. Retrieved 25 January 2007. [dead link]
  50. ^ a b c d Hart, Cath; MATP (20 December 2004). "It's tough: minister in fare fiasco". The Australian. p. 5. 
  51. ^ Koch, Tony; Roberts, Greg; MATP (21 December 2004). "Beattie backs minister over Yanner". The Australian. p. 6. 
  52. ^ a b Parnell, Sean; MATP (23 February 2005). "`Criminal inquiry' puts heat on Clark". The Australian. p. 3. 
  53. ^ Roberts, Greg; MATP (11 January 2005). "`I didn't order air affair cover-up'". The Australian. p. 3. 
  54. ^ Leys, Nick; MATP (21 January 2005). "Strewth - Tapeworm at play". The Australian. p. 11. 
  55. ^ Hart, Cath; MATP (6 January 2005). "Yanner gets bill in Palm air affair". The Australian. p. 3. 
  56. ^ a b Parnell, Sean; Hart, Cath; MATP (2 March 2005). "Cabinet minister quits over airfare affair". The Australian. p. 1 and 2. 
  57. ^ Parnell, Sean; MATP (3 March 2005). "Disgraced minister denies lying". The Australian. p. 6. 
  58. ^ a b Koch, Tony; MATP (10 February 2005). "Beattie facing revolt in Palm Island ALP branch". The Australian. p. 7. 
  59. ^ a b Maher, Sid; MATP (17 February 2005). "Beattie to press ahead with Palm Island visit". The Australian. p. 5. 
  60. ^ Gerard, Ian; MATP (18 February 2005). "Islanders picket Beattie ceremony". The Australian. p. 6. 
  61. ^ Leha, Tim (23 August 2006). "Palm Island PCYC". Living Black (SBS TV, Australia). Retrieved 6 April 2007. [dead link]
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  63. ^ Koch, Tony; MATP (11 December 2004). "Yanner's bitter dilemma". The Weekend Australian. pp. 1 and 4. 
  64. ^ Sean Parnell, FOI editor (May 28, 2008). "Palm death cop Chris Hurley got $100,000 payout". The Australian. Archived from the original on May 8, 2008. 
  65. ^ Roberts, Greg; MATP (16 February 2005). "New post for Palm Island officer". The Australian. p. 6. 
  66. ^ Sean Parnell, FOI editor (May 20, 2011). "Mulrunji family wins $370,000 damages". The Australian. 
  67. ^ "Officer's blow killed Mulrunji says coroner". The Sydney Morning Herald. 28 September 2006. Retrieved 20 April 2007. 
  68. ^ "Police union boss to face court on contempt charge". Home. ABC. 29 November 2006. Retrieved 20 April 2007. [dead link]
  69. ^ "Police union boss admits contempt over coroner remarks". 19 March 2007. Retrieved 31 March 2010. 
  70. ^ "Solidarity for Hurley". 31 January 2007. Retrieved 20 April 2007. 
  71. ^ "Police Union Savages Beatty". 20 June 2007. Retrieved 15 May 2012. 
  72. ^ "Our man wins Journalist of the Year award". The Weekend Australian. 24 March 2007. p. 1 and 2. 
  73. ^ "Long-form Journalism:Documentary". date= May 2012. 
  74. ^ Powderfinger faces album ban, The Courier Mail. Retrieved 3 May 2007
  75. ^ Powderfinger facing lyrics ban, The Australian. Retrieved 3 May 2007
  76. ^ Powderfinger album faces delay, The Brisbane Times, 2 May 2007
  77. ^ "Timeline: The death of Mulrunji Doomadgee". Australian Associated Press. 20 June 2007. Retrieved 21 June 2007. 
  78. ^ "The Hurley Decision TIMELINE OF THE HURLEY CASE". Townsville Bulletin. 15 December 2006. 
  79. ^ Kellett, Christine (21 June 2004). "Timeline of Palm Island events". Brisbane Times. Retrieved 21 June 2007. 
  80. ^ McCutcheon, Peter (15 December 2004). "7.30 Report Interest in black deaths in custody renews". ABC. Retrieved 25 June 2007. 
  81. ^ "Many Ways Forward: Report of the inquiry into capacity building and service delivery in Indigenous communities Appendix C" (PDF). Parliament of Australia House of Representatives. 20 June 2007. Retrieved 25 June 2007. [dead link]
  82. ^ "Commissioner's statement re Senior Sergeant Hurley death". 14 December 2006. Archived from the original on 30 August 2007. Retrieved 7 June 2007. 

External links[edit]

  • [2] Palm Island Select Committee Report Tabled by Committee Chair Peter Lawlor MP 25 August 2005 Hansard page 2764
  • [3] "Queensland Government response to coroner's comments in the inquest into the death of Mulrunji".TP_PDFS/TP381-2006

Tabled (([http://www.parliament.qld.gov.au)) Hansard 2006,11,02 page 463 in Parliament by Premier Beattie