Hurley case begins in Townsville Supreme Court. These actions followed the death in custody of Aboriginal man Cameron Doomadgee, referred to by his traditional name Mulrunji after his arrest and confrontation with . From the time he was found unresponsive in that concrete. 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. (Palm Island Riots: Federal Court Finds Police Acted with Impunity in Racial Discrimination Lawsuit,supra. Chris Hurley faced disciplinary actions after being transferred to the Gold Coast including for: A resident and his partner were later awarded $235,000 compensation for assault, battery and false imprisonment. Aboriginal activist Murrandoo Yanner and relative of the Doomadgee family was at the centre of controversy over his calls for Aboriginal people to bash all "racist cops" and for all police stations to be burnt. In his submissions to the Committee, Hurley pointed out the lack of an alcohol diversionary centre on Palm Island. ", "[I] come out every night, just sitting down [beside the memorial]. Snr Sgt Hurley faces Supreme Court charged with manslaughter and assault. [57], After the alleged rioters were granted bail Queensland Police Union President 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. ), The Queensland government and QPS said they would carefully consider the judgment before commenting further. (Id.). "[5], The raids, found to be racist, resulted in a record $30 million class action settlement. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. [1] The death of Mulrunji led to civic disturbances on the island and a legal, political and media sensation that continued for fourteen years. [90], 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. [10], An autopsy report by Coroner Michael Barnes was produced for the family one week after the death. This year, hundreds of Palm Islanders affected by the events received compensation as part of a $30 million State Government class action settlement. Dozens of police officers are flown into Palm Island. That morning, he had been arrested near the police station after yelling out what the arresting officer, Senior Sergeant Chris Hurley, considered to be abuse directed at Hurley and an Aboriginal police liaison officer who was also on duty. [31], Barnes had previously been the Aboriginal Legal Aid solicitor for two families before the Royal Commission into Aboriginal Deaths in Custody. Private investigator hired to carry out an independent investigation into Mulrunji's death. 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. Residents report officers pointing guns at children's heads and being tasered. In response to the findings, riots break out on the island. [11][16], A crowd headed initially for the police station. Police officers in riot gear, wearing balaclavas, with no identification and carrying large guns, marched into the community, conducting early-morning raids. [23] 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. Forty minutes later, Cameron was found dead in his cell. [52], In April 2005, Premier Beattie established the Palm Island Select Committee to investigate issues leading to the riot and other problems. U.S. Reports: Shuttlesworth v. Birmingham, 394 U.S. 147 (1969). He was then dragged limp and unresponsive into a cell and died within the next hour. "Brought it up home and it made a big healing process for all of us," Ms Aplin said. [71], In 2010, artist Vernon Ah Kee created a four-screen video installation at the Museum of Contemporary Art in Sydney, entitled Tall Man. [47][48], On 17 December 2008 District Court Judge Bob Pack, in Townsville, ruled that Clements' finding "..was against the weight of the evidence..",[47][48] so upholding Hurley's appeal, requiring a new coronial inquiry and outraging local Aboriginal people who feared this would "..only dig up buried bones..". Mulrunji's death was repeatedly branded "cold-blooded murder". dangerous driving in which shots were allegedly fired at a getaway car in May 2015. assaulting a female colleague in February 2016. Australia: Police Response to Aboriginal Death in Custody and Ensuing Riot Ruled Discriminatory. Buchanan, Kelly. ", 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.[67]. [86][87] A Crime and Misconduct Commission (CMC) criminal and misconduct investigation was launched into the whole affair,[85][87] The officer could not find a pulse. Show "We sometimes involve members of the community in the selection processes, but we certainly involve the community when a new officer arrives.". Justice Kerry Cullinane sets down a two-week trial to start on 12 June in the Townsville Supreme Court for Snr Sgt Hurley. I am comfortably satisfied QPS officers would not have taken a similar approach, in any of the respects I have outlined above, if a tragedy such as this had occurred in an isolated non-Aboriginal community in Queensland. Mr Stewart said several measures had been put in place to repair the damaged relationships. Children witnessed their parents being arrested and taken to Townsville for committing crimes such as public drunkenness and common assault. [38], 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. The police claimed he had tripped on a step. Chris Hurley receives a confidential payout of A$102,955 from the Queensland Government. "We wanted to make certain there was law and order to protect the community.". [6], Later the same day approximately 80 additional police from Townsville and Cairns were flown to Palm Island to restore order. 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. A number of others involved in the riot also faced criminal proceedings. [12][25] [20] The local courthouse, police station, Hurley's home and the police barracks were burned down. Wotton initially pleaded guilty to the charge of rioting, and was found guilty at trial. He was taken into custody by Senior Sargeant Chris Hurley, accompanied by . [50], The Court noted that because 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. While Gladys retrieved her medication, Patrick Bramwell was outside. [45] Public funded investigation and prosecution alone cost at least A$7 million. A timeline of events flowing from the death in custody of Palm Island man Cameron Doomadgee: 2004. Retrieved from the Library of Congress, . [16] 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. "Everyone in the end really wanted to know what really happened. [40] Former Chief Justice of the Supreme Court of New South Wales, Sir Laurence Street, was selected to review the decision not to charge Hurley over the death of Mulrunji. 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. [34], 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. "That was a bit sad for us to see all that still going on," Ms Aplin said. [27] 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 [citation needed], They noted that the Coroner did not refer to that evidence in her report. Police officers in riot gear wearing balaclavas with no identification, carrying large guns march into the community conducting early-morning raids. (Wotton v State of Queensland (No 5) [2016] FCA 1457, Federal Court of Australia website.) Complaints were made that Aboriginal Legal Aid had been denied access to the Island. [85], Beattie ordered the Minister to pay the A$1,775 herself[85] 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 Yanner had no credibility, the Minister immediately took unscheduled holiday leave. [23] The Palm Islanders faced charges of riot, arson and assault. [9], This was the 147th death of an Aboriginal person in custody since the handing down of the Royal Commission into Aboriginal Deaths in Custody. He is drunk, and as they arrive at the station he strikes Senior Sergeant Christopher Hurley in the face. Cameron Doomadgee, 36, died in a police cell on November 19, 2004. The resolution specifically asked that the Centre not be in the possession of the Police Citizens Youth Club Association or the Queensland Police Service. Fellow Palm Islander Patrick Bramwell was placed in the adjoining cell. You see terrible things happening to people without any remedies and theres so much disillusionment in the Indigenous community because they just dont get a fair go under our legal system. It has even been earmarked by the State Government for development into a tourism mecca. [42] 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. the inappropriate and partial treatment of SS Hurley; the conduct of DSS Kitching in relation to the autopsy report; the failure to communicate with Palm Islanders and defuse tensions in the intervening week between Mulrunjis death and the protests and fires; the making and continuation of the emergency declaration after the evening of 26 November 2004; and, the arrests, entries and searches of the houses of the applicants and the subgroup members. Meanwhile Mulrunji taunted Bengaroo with words to the effect of "why does he help lock up his own people?". The police who had been stationed on the island indicated through the Union that they did not wish to return. [46], In September 2008, Hurley's lawyers appealed Coroner Clements' findings (September 2006) that he had killed Mulrunji with three fatal punches. "What I hope is that those learnings have made us better, and certainly I would hope we can prove to the community that we have taken those learnings very seriously.". State Coroner Michael Barnes stands down from the inquiry after claims of bias. Snr Sgt Hurley breaks silence, testifying in his own defence. A decade after a death in custody that sparked riots on Palm Island in north Queensland, the Aboriginal community is still trying to heal, residents say. Main points from media reports after interviews with residents and relatives stated: Hurley is a white Australian who was also aged 36 at the time of the incident. Citations are generated automatically from bibliographic data as Hurley drove over to Mulrunji and arrested him for creating a public nuisance,[14] after which Mulrunji was taken in the back of the police vehicle for the short trip to the police station. It detailed 65 recommendations which seek to reduce violence and overcrowding, and improve standards of education and health. [36], 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 that Hurley was responsible for Mulrunji's death. The three brought the case on behalf of a group of people affected, they allege, by unlawful race discrimination of QPS officers during the period from November 19 to 28, 2004. During the directions hearing the Doomadgee family requested that the deceased be referred to by his tribal name "Mulrunji" in line with Aboriginal custom, which was not opposed. The main suspect was Senior Sergeant Christopher Hurley, a charismatic cop with long . But as the story progresses the moral ground tilts. [16], 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. Criminal Misconduct Commission announces that no disciplinary charges will be laid against Senior Sergeant Chris Hurley over Mulrunji's death. 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. Mr Wotton was later convicted of inciting a riot and served 19 months in jail before being released on parole, which he only completed earlier this year. A post-mortem examination showed that he had a cut above his right eye, four broken ribs, his portal vein had been ruptured and his 45 minutes later Cameron Doomadgee is dead, his liver cleaved in two as you might see after a fatal car crash. The judge in the case, Justice Debbie Mortimer, upheld a number of the applicants claims regarding contraventions of section 9(1), but not all of them. Section 9(1) of the Act states that, [i]t is unlawful for a person to do any act involving a distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of any human right or fundamental freedom in the political, economic, social, cultural or any other field of public life. (Summary,supra.). [50] 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. The subsequent trial of Senior Sergeant Chris Hurley - who had been decorated . 26 November 2004 Doomadgee's autopsy results indicate that he died from internal injuries, with the island's pathologist claiming they are the result of "a fall". Australia: Police Response to Aboriginal Death in Custody and Ensuing Riot Ruled Discriminatory. 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". U.S. Reports: Peterson v. Greenville, 373 U.S. 244 (1962). It's peaceful.". Cameron Doomadgee died at the age of 36. She found that the following conduct of QPS officers contravened s 9(1) of the RDA: In the summary of her judgment, Justice Mortimer stated: I have found that police acted in these ways because they were dealing with an Aboriginal community, and with the community of Palm Island in particular. He was appointed to a duty officer position at the Broadbeach police station on the Gold Coast[60], The Queensland Government agreed to provide a confidential payout of A$370,000 to Mulrunji's family in May 2011. Lex Wotton speaks out. But Councillor Lacey said the islanders needed more time to deal with the past before that would be possible. Officers preferred confrontation to engagement and operated very much with an us and them attitude. Queensland's then premier Peter Beattie declared a state of emergency and dozens of riot squad members were flown in to control the crowd. AEST = Australian Eastern Standard Time which is 10 hours ahead of GMT (Greenwich Mean Time), abc.net.au/news/palm-island-doomadgee-memorial-moved-from-police-station/12946248, Help keep family & friends informed by sharing this article, Jock Zonfrillo remembered as an 'incredible chef' and icon of Australia's culinary landscape, Jock Zonfrillo, celebrated chef and judge on MasterChef Australia, dies aged 46, Russian freight train derails after being hit by explosive device, governor says, Donald Trump requests mistrial in rape accuser Carroll's civil case, Tony Abbott mounts attack on Voice after a spat with parliamentary committee, 'The worm goes global': Rita Ora wowed by Adelaide lobbyist's dancefloor moves, Female teacher admits sexual offences against teen student, fights 10 other charges, Major route into the Kokoda track appears to have been blockaded amid tour operator feud, New Zealand PM in favour of country becoming a republic, $30 million State Government class action settlement, Palm Islanders to launch action against Channel Nine, Daily Mail over 'racist' reports, Indigenous activist awarded $220k over Palm Island riots 'racial discrimination', 'It's about healing': Palm Islanders to share $30m class action payment, Indigenous (Aboriginal and Torres Strait Islander), US authorities 'auction' First Republic Bank after second biggest bank failure in history, Nurse driving home from shift among victims of triple-fatal crash involving allegedly stolen car, Lauren Cranston jailed for eight years over one of Australia's biggest tax frauds, 'They will forever know their dad was a hero': 1,000 mourners farewell slain NSW paramedic, Family of man shot dead by police question why they weren't called in to help, There are 11 First Nations MPs and senators. Cameron Doomadgee (who was also known by his tribal name of Mulrunji) was a resident of Palm Island. "The kids that roam the streets at night, they would have wrecked it. [3][4][2], Police raids and behaviour following the community riot were found to have breached the Racial Discrimination Act 1975,[5] with a record class action settlement of A$30 million awarded to victims in May 2018.[6][7]. Queensland Director of Public Prosecutions Leanne Clare announces that no charges will be laid against Senior Sergeant Chris Hurley over Mulrunji's death. He was locked up for being drunk and a public nuisance, and at the time of his arrest had no visible injuries. "I don't regret what happened at that particular time," he said. The death in custody led to three coronial inquests, a review by the Crime and Misconduct Commission in Queensland, two reviews by the QPS, criminal proceedings against Senior Sergeant Hurley in which he was acquitted of manslaughter, and litigation by police officers about potential disciplinary action against them. (Summary, supra. Cameron Doomadgee's funeral on Palm Island in 2004.
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