"[5], The raids, found to be racist, resulted in a record $30 million class action settlement. 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". He was locked up for being drunk and a public nuisance, and at the time of his arrest had no visible injuries. [91] Liddy Clark and the two ministerial staff denied deliberately misleading the public. Fellow Palm Islander Patrick Bramwell was placed in the adjoining cell. Sir Laurence advises there is enough evidence to prosecute Snr Sgt Hurley, who is officially suspended. 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. 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. But Councillor Lacey said the islanders needed more time to deal with the past before that would be possible. This book was first published in 2008. (Palm Island Riots: Federal Court Finds Police Acted with Impunity in Racial Discrimination Lawsuit,supra. [25], On 1 December 2004 three more rioters were arrested, all women: a 65-year-old grandmother, her daughter, and the daughter of a Palm Island Councillor. 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. [citation needed], They noted that the Coroner did not refer to that evidence in her report. In response to the findings, riots break out on the island. In 2008 journalist and novelist Chloe Hooper, published the book The Tall Man: Death and Life on Palm Island, which won multiple awards in 2009. Soon after the riot, the Queensland Police Union President Denis Fitzpatrick demanded the rioters be charged with attempted murder of 12 police. But Doomadgee's family says no amount of money will . I found this a confronting and uncomfortable read. Cameron Doomadgee was an obscure man living an obscure life, but his demise had a gravity that sucked in countless strands of modern and historical Australia. The Attorney-General of Queensland, Kerry Shine, indicted an Australian police officer for a criminal trial for the first time since the public prosecutor's office was established. 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. dangerous driving in which shots were allegedly fired at a getaway car in May 2015. assaulting a female colleague in February 2016. "We sometimes involve members of the community in the selection processes, but we certainly involve the community when a new officer arrives.". It explores what happened when Cameron Doomadgee, a 36-yr old Indigenous man was found dead in a Palm Island police station, with injuries that didn't reasonably fit with tripping into the station's step, as the Police had claimed. [18] [10], An autopsy report by Coroner Michael Barnes was produced for the family one week after the death. 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. "Without a doubt we learnt very many things from our response at Palm Island way back 10 years ago," he said. Yanner and Foster refused to cooperate with the investigation. 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. [65], 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. According to statements an ambulance was then called taking fifteen minutes to arrive. Says he has come to terms with the fact he caused the death, but strongly denies any intention to cause harm. 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. / We also acknowledge all those who lost their lives in custody across Australia. 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. 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 Gladys requested that Hurley accompany her so that she could safely get medication from Bramwell's house. A resident and his partner were later awarded A$235,000 in compensation for assault, battery and false imprisonment. [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. 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. 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. Aboriginal man Cameron 'Mulrunji' Doomadgee died in police custody on Palm Island in 2004 His memorial rock has been moved from the Palm Island police station to his sister's front yard The relocation has brought a sense of healing for the family [6], Later the same day approximately 80 additional police from Townsville and Cairns were flown to Palm Island to restore order. 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". In addition, a subgroup of people were also represented, being those who were affected by an operation carried out by armed officers of the Special Emergency Response Team (SERT) on 27 and 28 November 2004, and which included children who were in or near the houses that were entered and searched by SERT officers. (Id. 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. Cameron Doomadgee's funeral on Palm Island in 2004. This service may include material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service which is copyright and cannot be reproduced. The main suspect was Senior Sergeant Christopher Hurley, a charismatic cop with long . The police who had been stationed on the island indicated through the Union that they did not wish to return to Island duties. [5], The raids resulted in a record A$30 million class action settlement and a formal apology to be made by the State Government. 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. 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. The Palm Islanders rioted and burnt down the police station. Deputy Coroner Christine Clements finds Snr Sgt Hurley responsible for Mulrunji's fatal injuries. It is not an easy one to tell. But as the story progresses the moral ground tilts. This page was last edited on 18 February 2023, at 19:37. . 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. State Coroner Michael Barnes stands down from the inquiry after claims of bias. For guidance about compiling full citations consult Citing Primary Sources. And while the book is about Cameron Doomadgee's death in custody, it is also about some of the issues that permeate relationships between Indigenous and European Australians. Wotton initially pleaded guilty to the charge of rioting, and was found guilty at trial. The police station was burned down during the riot, along with the courthouse and Hurleys home. U.S. Reports: Wright v. Georgia, 373 U.S. 284 (1963). ), The Queensland government and QPS said they would carefully consider the judgment before commenting further. (Id.). "The kids that roam the streets at night, they would have wrecked it. 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. 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. [39] Included in the allegations made against Hurley was that he wrongfully caused the death of Mulrunji. [21], Numerous police officers were flown into Palm Island following the riot. "There's no trust, but all you can do is work together to change things.". 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". [35], The coroner also said that Mulrunji should not have been arrested, and that local police had not learned from the findings of the Royal Commission. The injury may have been caused by Hurley falling on the deceased. The media and the Beattie government ignored Doomadgee's death when it happened on November 19. Source: AAP November 2004 Police officers seek refuge at the island's hospital and are airlifted to safety. 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". Ms Aplin said she never wanted to forget Mr Doomadgee. Lawyers for both the Doomadgee family and Hurley asked that the Coroner disqualify himself (although for different reasons). Their report[55] was tabled on 25 August 2005. "I don't want my grand children to forget him," she said. 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. By Damien Carrick on Law Report. a knee drop. The sister of an Aboriginal man whose death in custody sparked the 2004 Palm Island riot says the relocation of a memorial rock from the island's police station has encouraged healing. Mulrunji's death was repeatedly branded "cold-blooded murder". The letter even hinted at a desire among members to defect to the Liberal Party, stating that under Labor living conditions have not improved on the island, and life expectancy had fallen. The Premier accepted responsibility for giving "a new minister such a tough portfolio". When alerted to this, Hurley came into the cell and thought he could detect a pulse. Hurley then reentered the car and talked with Bengaroo briefly. 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. (Id.) Residents report officers pointing guns at children's heads and being tasered. AEST = Australian Eastern Standard Time which is 10 hours ahead of GMT (Greenwich Mean Time), abc.net.au/news/palm-island-community-still-struggling-after-death-in-custody/5901028, 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, which he only completed earlier this year, 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. 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. The strong police presence was not welcome on the island. Australia: Police Response to Aboriginal Death in Custody and Ensuing Riot Ruled Discriminatory. Within an hour Mr Doomadgee was found dead in a cell at Palm Island police station. They appeared before the Townsville Magistrates Court on Monday 29 November 2004, the first business day after the riot. [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. [85], 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. [20] The local courthouse, police station, Hurley's home and the police barracks were burned down. In mid-February 2005 Chris Hurley resumed duties after three months on paid leave. [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]. His grandmother complained to Hurley, who then arrested him. There was much debate over the appropriateness of the police and government response to the riot. In November 2004 a Palm Island man Cameron Doomadgee (Aboriginal name: Mulrunji) died in custody in a cell at the Palm Island police station after being picked up for allegedly causing a public nuisance. (. [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 [38], The incident also resulted in an investigation by the Crime and Misconduct Commission (CMC). Doomadgee funeral, Palm Island elders call for justice rather than division. When the autopsy results were released, about a week after his death, Lex Wotton, an indigenous activist, led angry residents on a riot through the town. (Palm Island Riots: Federal Court Finds Police Acted with Impunity in Racial Discrimination Lawsuit, ABC NEWS (Dec. 5, 2016).) (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. [68][69] Although 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,[70] they changed the lyrics of the song before releasing the album. 16 barristers and solicitors appeared representing the Queensland Government, the Doomadgee family, the Human Rights and Equal Opportunity Commission and the Queensland Police Service. 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. [24], A total of 28 Indigenous Australians were arrested and charged with offences ranging from arson to riotous behaviour in the weeks following the riot. [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. Queensland Police Minister announces an extra 29 police officers for indigenous communities. Included in the duties of the CMC is investigating allegations of police misconduct. a convenience, and may not be complete or accurate. ", "[I] come out every night, just sitting down [beside the memorial]. [43], In June 2007 the Townsville-based trial of Chris Hurley on charges of assault and manslaughter took place. Dozens of police officers are flown into Palm Island. "I think that's something at the end of the day that we have to live with.". [11], Initially 13 Palm Islanders were arrested and charged. / Now at peace / #blacklivesmatter#, In November 2020, the memorial was moved to the garden of his sister, Valmai Aplin, as it was getting vandalised by children in its earlier location, just before the anniversary of Mulrinji's death. U.S. Reports: Dresner v. City of Tallahassee, 375 U.S. 136 (1963). "That was a bit sad for us to see all that still going on," Ms Aplin said. Another notable condition of bail was that they were not to attend rallies or marches over the death in custody. ), The applicants in the case were Lex Wotton, his partner Cecilia Wotton, and his mother Agnes Wotton. "Everyone in the end really wanted to know what really happened. The family and the state coroner were informed of the death at about 3pm that afternoon. The case arose from the 2004 death in custody of Mulrunji, previously known as Cameron Doomadgee, whose treatment sparked riots on the island. He was locked up for being drunk and a public nuisance, and at the time of his arrest had no visible injuries. [8], For the following week public meetings were held on the Island due to anger rising in the community about the death. This page is not available in other languages. [54], In his findings, Coroner Brian Hine disagreed with the Supreme Court of Appeal regarding the knee drop. When they learnt of his death, Palm Islanders rioted, and burnt the police station down. 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. Crime and Misconduct Commission announces a review of policing in indigenous communities. Chris Hurley receives a confidential payout of A$102,955 from the Queensland Government. . [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. 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. He appeared intoxicated and was swearing at the police. Mr Stewart said several measures had been put in place to repair the damaged relationships. They would have pulled everything off. 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". [64], After the Attorney General's 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. 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. Mulrunji was found dead in his cell hours after. He was taken into custody by Senior Sargeant Chris Hurley, accompanied by . He is drunk, and as they arrive at the station he strikes Senior Sergeant Christopher Hurley in the face. [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. On 19 November 2004 he was found dead in a cell in the police station on Palm Island. 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. Supreme Court of the United States - Warren, Earl, Clark, Tom Campbell - Supreme Court of the United States, Stewart, Potter - Supreme Court of the United States, Wotton v State of Queensland (No 5) [2016] FCA 1457: Summary, Palm Island Riots: Federal Court Finds Police Acted with Impunity in Racial Discrimination Lawsuit, New Zealand: Bill Pardoning Mori Prophet Convicted in 1916 Passed, Canada: Supreme Court Rejects Appeal of Pakistani Canadian Pilot in Discrimination Case, Australia: Queensland Enacts Historic Human Rights Legislation, Australia: Foreign Fighters Bill Introduced in Parliament, Australia's 1967 Constitutional Referendum Related to Indigenous People: The Women Who Campaigned for "Yes". The applicants lawyer, who took the case on a pro bono basis, stated following the ruling: Its the first time an entire community has been represented in a class action against a state of Australia alleging racial discrimination and being vindicated in that cause. [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. [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]. Mulrunji was placed in the two-cell lockup which was the back section of the Palm Island Police Station. (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. "But the history's never going to go away - it hasn't gone away for the last decade, it will continue on.". "We wouldn't have [decorated] it down there," Ms Aplin said. In his submissions to the Committee, Hurley pointed out the lack of an alcohol diversionary centre on Palm Island. "[91], Some months after the riot the 24-member 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.
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