"I don't regret what happened at that particular time," he said. 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. [94] When the Premier opened the centre he was met with a generally hostile reception. Mr Stewart said several measures had been put in place to repair the damaged relationships. Yanner said his anger was with the legal system in general and particularly the police's role in justice for Indigenous people, saying that Hurley was an exception to these problems, but that he had probably gone too far in giving Mulrunji a hiding. Largely supporting this conclusion was that 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. The applicants also claimed that the QPS had contravened the Racial Discrimination Act 1975 (Cth) (Federal Register of Legislation website)in its handling of the investigation of the death in custody. But Councillor Lacey said the islanders needed more time to deal with the past before that would be possible. He believed that the evidence left room for a finding that a knee drop may have occurred. Doomadgee died a painful death on the floor of a police cell on the island, a former penal institution for Aboriginal people, less than an hour after being locked up, for no good reason, by. 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. She also accused the police of failing to investigate his death fully. Eighteen local police had to repeatedly retreat; firstly receding from the station to the residential barracks, then when the barracks were also set alight they (and their families) withdrew to the hospital and barricaded themselves in. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. (. Two legal questions arose from the death; firstly, whether the taking into custody of Mulrunji was lawful, and secondly, whether the injuries that led to his death were illegally caused by the arresting officer. Forty minutes later he was dead in the jailhouse. Officers preferred confrontation to engagement and operated very much with an us and them attitude. 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. 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. [59] Private investigator hired to carry out an independent investigation into Mulrunji's death. 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. "I think it did strain the relationship between Indigenous Queenslanders and the State Government for a considerable period of time - and it may well have done that permanently," he said. (Palm Island Riots: Federal Court Finds Police Acted with Impunity in Racial Discrimination Lawsuit,supra. A CMC report leaked to the media reportedly recommends that 7 officers will face charges. The main suspect was Senior Sergeant Christopher Hurley, a charismatic cop with long . Hurley then reentered the car and talked with Bengaroo briefly. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. Wotton initially pleaded guilty to the charge of rioting, and was found guilty at trial. U.S. Reports: Peterson v. Greenville, 373 U.S. 244 (1962). [12] On the first day of the inquiry the Coroner also disclosed that he had headed the complaints section of the Criminal Justice Commission in the early 1990s, when several complaints had been made about Hurley, but he had not handled the investigation and could not remember the complaints. Ms Aplin said she never wanted to forget Mr Doomadgee. He and the policeman who booked him became the centerpieces of causes- for those seeking redress for the mistreatment of aboriginal people, and for those sympathetic to the problems of . After the trial concluded the Union released advertisements against the Beattie Queensland government, comparing the government to Robert Mugabe and his government. [93], 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. November 19: Cameron Doomadgee, 36, dies in custody at Palm Island police station after being . U.S. Reports: Wright v. Georgia, 373 U.S. 284 (1963). Senior Sgt Hurley stood down following the coroner's findings. It has even been earmarked by the State Government for development into a tourism mecca. [31], Barnes had previously been the Aboriginal Legal Aid solicitor for two families before the Royal Commission into Aboriginal Deaths in Custody. (Id. In 2007 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 directions hearing was held in a marquee, because there were no premises on the island large enough for the expected audience. 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. [3][4][2], In 2010, Hurley was forced to repay $34,980 in insurance payments after allegations of insurance fraud following the 2004 riot.[75]. He appeared intoxicated and was swearing at the police. [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. The police who had been stationed on the island indicated through the Union that they did not wish to return to Island duties. 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. On the day the autopsy results were read out, Palm Island resident Lex Wotton led angry residents on a riot through the town. 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. "I think it taught everyone to do a real audit on themselves, particularly the Queensland Police Service (QPS) to do an audit on its own self," he said. His grandmother complained to Hurley, who then arrested him. [17], The deceased was 181cm tall and weighed 74 kilograms. Hurley v. She said she never wanted it placed at the police station and requested it be moved because children were damaging it. Mulrunji's death was repeatedly branded "cold-blooded murder". [58], Sen. Sgt. The inquiry would begin on 28 February 2005. (Palm Island Death in Custody Timeline, SYDNEY MORNING HERALD (June 20, 2007). 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 Palm Islanders rioted and burnt down the police station. "There's no trust, but all you can do is work together to change things.". "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.". In response to the findings, riots break out on the island. These works are also available for worldwide use and reuse under CC0 1.0 Universal. [27], Four people were prosecuted for the riot and were acquitted. "And everyone also wanted a fair and impartial investigation into what really happened.". Documentary film 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. The memorial is now surrounded by tinsel, fairy lights, flowers and a turtle ornament, which represents Mr Doomadgee's hunting skills. Former NSW chief justice Sir Laurence Street starts review of DPP's decision. Chris Hurley receives a confidential payout of A$102,955 from the Queensland Government. [30], On 8 February 2005 an initial one-day directions hearing for a full coronial inquiry into the death in custody was held. The Magistrate determined that due to the "state of emergency" it would be too dangerous to allow the defendants to return to Palm Island, therefore bail was not considered. Queensland Police Union President Denis Fitzpatrick demanded the rioters be charged with attempted murder of 12 police. Meanwhile Mulrunji taunted Bengaroo with words to the effect of "why does he help lock up his own people?". The resolution specifically asked that the Centre not be in the possession of the Police Citizens Youth Club Association or the Queensland Police Service. 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. [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 Even the (Aboriginal) volunteer fire brigade had stones thrown at them while they tried to put out the courthouse and police station fires. The autopsy report was medical and did not state what caused his death. "That was a bit sad for us to see all that still going on," Ms Aplin said. 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. U.S. Reports: Shuttlesworth v. Birmingham, 394 U.S. 147 (1969). 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. Purchase: When Cameron Doomadgee was found dead in the Palm Island police station, his injuries were like those of someone who'd been in a fatal car crash. [8], 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 Hurley's house being burned down. Queensland Police Minister announces an extra 29 police officers for indigenous communities. [8] The videotape footage from the cell shows Hurley checking for breathing and pulse then "sliding down the wall of the cell until he sat with his face in his hands". When alerted to this, Hurley came into the cell and thought he could detect a pulse. 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. Included in the duties of the CMC is investigating allegations of police misconduct. The subsequent trial of Senior Sergeant Chris Hurley - who had been decorated . A timeline of events flowing from the death in custody of Palm Island man Cameron Doomadgee: 2004. This was accepted as a possible means by which the injury could have occurred". On 19 November 2004 he was found dead in a cell in the police station on Palm Island. The officer was later acquitted of manslaughter. [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..". 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. By Damien Carrick on Law Report. Townsville District Court Judge Bob Pack hands down a ruling upholding Chris Hurley's appeal and ordering a fresh inquest in Mulurunji's death. (Palm Island Riots: Federal Court Finds Police Acted with Impunity in Racial Discrimination Lawsuit,supra.) He was then dragged limp and unresponsive into a cell and died within the next hour. [50], On 14 May 2010 a new full coronial inquiry into the death in custody concluded. Web Page. dangerous driving in which shots were allegedly fired at a getaway car in May 2015. assaulting a female colleague in February 2016. The police claimed he'd tripped on a step, but his liver was ruptured. Riot, police raids, and racial discrimination, Palm Island death surrounding controversy, Last edited on 18 February 2023, at 19:37, Royal Commission into Aboriginal Deaths in Custody, Human Rights and Equal Opportunity Commission, Graham Perkin Australian Journalist of the Year Award, The Tall Man: Death and Life on Palm Island, Walkley Foundation Long-form Journalism: Documentary award, The Dualism of Agency and the Australian Settler-State in the Twenty First Century: The Palm Island Riot of 2004 and the Aftermath, "Suspended Senior Sergeant Chris Hurley faces criminal charges", "Controversial ex-cop Chris Hurley appeals conviction over wild Gold Coast police chase", "Former cop Chris Hurley's penalty for assaulting a motorist reduced", "Queensland police breached discrimination act on Palm Island, court finds", "Palm Island riots class action payout 'slap in face' to police, union says", "Police run for their lives as rioters torch buildings in a tropical island rampage", Office of the State Coroner "Finding of Inquest", "Australia Day recalls matters of life, death and justice", "Australian coroner: Police killed Aboriginal prisoner on Palm Island", "Aboriginal death in custody triggers Palm Island riot", "Palm Island man compensated for wrongful arrest after 2004 riots", "Not Guilty all 4 defendants in Palm Island 'riot' trial", "Accused Palm Is rioter withdraws guilty plea", Interest in black deaths in custody renews, "Palm Island judge quits over conflict of interest", "Aboriginal leaders applaud Mulrunji review appointment", "Policeman to be charged over Palm Island death", Anfry (sic) Palm Islanders want Mulrunji Royal Commission, "Police colluded to protect Senior Sergeant Chris Hurley over death in custody of Cameron Doomadgee Coroner", "New dad Senior Sergeant Chris Hurley faces custody death probe", "Overcrowding central to Palm Island's problems: report", "Palm death cop Chris Hurley got $100,000 payout", "Officer's blow killed Mulrunji says coroner", "Police union boss to face court on contempt charge", "Police union boss admits contempt over coroner remarks", "Our man wins Journalist of the Year award", "Brisbane artist draws parallels between treatment of asylum seekers and Indigenous Australians", "Queensland police officer Cop Chris Hurley fined for assaulting co-worker", "Timeline: The death of Mulrunji Doomadgee", "7.30 Report Interest in black deaths in custody renews", "Many Ways Forward: Report of the inquiry into capacity building and service delivery in Indigenous communities Appendix C", "Commissioner's statement re Senior Sergeant Hurley death", "Family of Palm Island man who died in police custody relieved memorial has new home", "NIT FORUMS: History repeats, over and over", Palm Island Death in Custody: Cameron Doomadgee, Report of the Attorney General to the Legislative Assembly, https://en.wikipedia.org/w/index.php?title=2004_Palm_Island_death_in_custody&oldid=1140163872. (Wotton v State of Queensland (No 5) [2016] FCA 1457, Federal Court of Australia website.) I think the current police leadership here at the moment with the current officer in charge is pretty OK, because he's more about community engaging," he said. Cars and machinery were driven onto the runway, blocking all aircraft movement. Deputy Coroner Christine Clements finds Snr Sgt Hurley responsible for Mulrunji's fatal injuries. Hurley was 201cm tall and weighed 115 kilograms. "Everyone in the end really wanted to know what really happened. Lex Wotton speaks out. Cameron Doomadgee's funeral on Palm Island in 2004. The case arose from the 2004 death in custody of Mulrunji, previously known as Cameron Doomadgee, whose treatment sparked riots on the island. [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. U.S. Reports: Dresner v. City of Tallahassee, 375 U.S. 136 (1963). no semblance of understanding" about the context of the Palm Island community's distress and anger as to what had happened to Mulrunji and the progress of the investigation . [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. Buchanan, K. (2016) Australia: Police Response to Aboriginal Death in Custody and Ensuing Riot Ruled Discriminatory. [50], 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. Conditions were imposed such as not being allowed to return to Palm Island, not even for the funeral of Mulrunji. Residents report officers pointing guns at children's heads and being tasered. [43], In June 2007 the Townsville-based trial of Chris Hurley on charges of assault and manslaughter took place. [44] Hurley was found not guilty after medical evidence was given which discredited claims by other witnesses of an assault by Hurley upon Doomadgee. [16] They appeared to have jumped to a conclusion given their description of the death as "cold blooded murder". The strong police presence was not welcome on the island. On November 19th 2004, Cameron Doomadgee, also known as Mulrunji, was arrested for allegedly causing a public nuisance. [11], Initially 13 Palm Islanders were arrested and charged. State budget announces boost to police numbers in indigenous communities, more CCTV cameras for watchhouses. 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. After a long battle Agnes' discovery is finally published, but this does not put an end to the twins' travels. Says he has come to terms with the fact he caused the death, but strongly denies any intention to cause harm. It is not an easy one to tell. Tall Man, the Death of Doomadgee Hardcover - January 1, 2009 by Chloe Hooper (Author) 79 ratings Hardcover $14.91 7 Used from $7.13 Paperback $4.72 8 Used from $4.72 6 New from $21.40 Mass Market Paperback $24.02 1 Used from $5.98 2 New from $24.02 Chloe Harper Language English Publisher Scribner Publication date January 1, 2009 Dimensions The history wars famously involved the 'black armband view of history'; a pejorative phrase used by conservatives to attack historians who they thought focussed too much on the negative impact of colonisation on Australia's indigenous More about Copyright and other Restrictions. The family and the state coroner were informed of the death at about 3pm that afternoon. Later the timing of the "emergency" was disputed by lawyers for the Palm Island community. 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; He was walking along the street singing ". Hours later he was dead from massive internal injuries including broken ribs and a ruptured spleen, and his liver was so badly damaged it was almost cleaved in two across his spine. The family also hired a private investigator to conduct an independent investigation of the death. However, he found that Hurley punched Mulrunji in the face and abused him while attempting to get him into the station, and found that police colluded to protect Hurley. [71], Within a month of Doomadgee's death, Hurley was transferred to the Gold Coast[2] where he medically retired in 2017, following a string of charges including assault and dangerous driving. Residents accused Senior Sergeant Hurley of murder, but he was acquitted of manslaughter in 2007 by an all-white jury. The only people who deserve an apology are the police officers who were in the police station whilst it was being burnt down. (Id. [91] Liddy Clark and the two ministerial staff denied deliberately misleading the public. The officer could not find a pulse. I want people to have love". [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. Buchanan, Kelly. 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. [23], Premier Peter Beattie visited Palm Island on Sunday 28 November, producing a five-point plan to restore order to local leaders. [48][49], In May 2009, Mulrunji's family's lawyers commenced proceeding in the Queensland Supreme Court, attempting to have Judge Pack's decision ruled invalid. [31] Barnes was assisted by two senior counsel. 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. 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. 45 minutes later Cameron Doomadgee is dead, his liver cleaved in two as you might see after a fatal car crash. [23], An emergency situation was declared under the Public Safety Preservation Act 1986 (the Act) on the afternoon of the riot. "We wanted to make certain there was law and order to protect the community.". [citation needed], After several days of media and public pressure, Queensland Attorney-General, Kerry Shine, appointed retired Justice Pat Shanahan to review the DPP's decision not to lay charges against the police officer. [11] 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. For guidance about compiling full citations consult Citing Primary Sources. [95], By April 2007 it was reported that the PCYC Centre had become a great success, a place where young and old participate in numerous sporting, educational and cultural activities in a safe and comfortable environment, and the focal point of re-building positive relations between the police and the community.[96]. ), Wotton was later convicted of inciting a riot and served 19 months in prison before being released on parole. Australia: Police Response to Aboriginal Death in Custody and Ensuing Riot Ruled Discriminatory. [53] 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. This year, hundreds of Palm Islanders affected by the events received compensation as part of a $30 million State Government class action settlement. "We've learnt each Indigenous community really needs its own guidance and induction package," he said. 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. (Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014, Parliament We observe International Women's Day by highlighting several Australian women who had key roles in bringing about a 1967 constitutional referendum related to indigenous people. 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. "There'll always be distrust, regardless of what police authority is in town. Senior Sergeant Christopher Hurley was the officer who arrested Mr Doomadgee. [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. A number of others involved in the riot also faced criminal proceedings. Cameron Doomadgee was picked up and arrested on November 19, 2004 for allegedly causing a public nuisance. He was taken into custody by Senior Sargeant Chris Hurley, accompanied by . I have found they conducted themselves, including Senior Sergeant Hurley while he was there, with a sense of impunity, impervious to the reactions and perceptions of Palm Islanders who were, in large numbers, distressed and agitated about the death of Mulrunji. On November 19th 2004, Cameron Doomadgee, also known as Mulrunji, was arrested for allegedly causing a public nuisance. Retrieved from the Library of Congress,
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