[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. Another notable condition of bail was that they were not to attend rallies or marches over the death in custody. Complaints were made that Aboriginal Legal Aid had been denied access to the Island. 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. Cameron Doomadgee died at the age of 36. [83] Police actions were later found to breach the Racial Discrimination Act, with the raids being "unnecessary, disproportionate" and police having "acted in these ways because they were dealing with an Aboriginal community. Police response to Palm Island Aboriginal death in custody ruled The inquiry would begin on 28 February 2005. "The kids that roam the streets at night, they would have wrecked it. [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 media and the Beattie government ignored Doomadgee's death when it happened on November 19. Deputy Coroner Christine Clements finds Snr Sgt Hurley responsible for Mulrunji's fatal injuries. (Palm Island Death in Custody Timeline, SYDNEY MORNING HERALD (June 20, 2007). (Wotton v State of Queensland (No 5) [2016] FCA 1457, Federal Court of Australia website.) Timeline in the Doomadgee case - Brisbane Times Cameron Doomadgee, 36, died in the Palm Island watch-house in 2004 after being arrested by Queensland police Senior Sergeant Chris Hurley. a knee drop. A 36 year old Aboriginal man, Cameron Doomadgee, is arrested for swearing at a police officer. Chris Hurley received a confidential payout of A$100,000 from the Queensland Government in February 2005. [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. [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. [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. ), Wotton was later convicted of inciting a riot and served 19 months in prison before being released on parole. "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.". "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. The family and the state coroner were informed of the death at about 3pm that afternoon. Palm Islanders riot. U.S. Reports: Dresner v. City of Tallahassee, 375 U.S. 136 (1963). [19] 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. "I think that's something at the end of the day that we have to live with.". [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 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. Snr Sgt Hurley faces Supreme Court charged with manslaughter and assault. The Tall Man - Reading Australia Black Lives Matter protests have dominated international headlines this year. 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. 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. [71], In 2010, artist Vernon Ah Kee created a four-screen video installation at the Museum of Contemporary Art in Sydney, entitled Tall Man. Palm Island still struggling with death in custody 10 years on After a long battle Agnes' discovery is finally published, but this does not put an end to the twins' travels. Whatever happened in the corridor of the Palm Island police station on November 19th 2004, there is enough evidence for the Deputy Coroner to find Chris Hurley responsible for Cameron Doomadgee's death. Gladys requested that Hurley accompany her so that she could safely get medication from Bramwell's house. 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 ". [52] During the course of the coronial enquiry it was revealed that a police witness Senior Sergeant Michael Leafe originally estimated that 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 Hurley's lawyer. (Id. 6, 2019) On February 27, 2019, the Queensland Parliament passed the Human Rights Bill 2018 (Qld), making it the third jurisdiction in Australia to enshrine human rights protections in such legislation. (Sept. 30, 2014) On September 24, 2014, the Australian Attorney-General, George Brandis, introduced the Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014 in the Senate. The autopsy report was medical and did not state what caused his death. Councillor Lacey agreed Palm Island was a different place now. (Quebec (Commission (Mar. 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. According to statements an ambulance was then called taking fifteen minutes to arrive. 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. The Tall Man: Probing a prisoner's death on Australia's Palm Island He found that the injuries could have been caused by Hurley accidentally falling on top of Mulrunji, or by the officer "dropping a knee into his torso". Here's what they think of a Voice to Parliament, Nationals join forces with farmers to oppose multi-billion-dollar Victoria-NSW renewable energy project, Prime minister says urgent care clinics will start relieving pressure on NT's busy emergency wards in coming months. 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. Buchanan, Kelly. Web Page. Townsville District Court Judge Bob Pack hands down a ruling upholding Chris Hurley's appeal and ordering a fresh inquest in Mulurunji's death. Lawyers for both the Doomadgee family and Hurley asked that the Coroner disqualify himself (although for different reasons). (Federal Court of Australia, Wotton v State of Queensland (No 5) [2016] FCA 1457: Summary (Mortimer J, Dec. 5, 2016), Federal Court of Australia website. [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 PDF Office of The State Coroner Finding of Inquest [88] 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. 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. Australia: Police Response to Aboriginal Death in Custody and Ensuing Riot Ruled Discriminatory. [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. A damning 2016 Federal Court ruling found the Queensland Police breached the Racial Discrimination Act with its investigation into his death and subsequent unrest on the island. Tall Man: The Death of Doomadgee by Chloe Hooper | Goodreads [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..". U.S. Reports: Wright v. Georgia, 373 U.S. 284 (1963). He was arrested by Senior Sargent Chris Hurley, accompanied by the Indigenous liaison police officer Lloyd Bengaroo, and was taken into custody. Clark and her Senior Policy Advisor were interviewed at length by the CMC. [15], 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. Ms Aplin said it hurt her that deaths in police custody were still occurring. Justice Kerry Cullinane sets down a two-week trial to start on 12 June in the Townsville Supreme Court for Snr Sgt Hurley. [15], During the weekend the tactical response group searched many homes. [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. [54], In his findings, Coroner Brian Hine disagreed with the Supreme Court of Appeal regarding the knee drop. 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 It detailed 65 recommendations which seek to reduce violence and overcrowding, and improve standards of education and health. The police who had been stationed on the island indicated through the Union that they did not wish to return. 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. 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. 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. Residents report officers pointing guns at children's heads and being tasered. Hurley v. Meanwhile Mulrunji taunted Bengaroo with words to the effect of "why does he help lock up his own people?". 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. 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 . [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. 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. Cameron Doomadgee's funeral on Palm Island in 2004. Rights and freedoms Defining Moments, 1945-present The Library of Congress has no objection to the international use and reuse of Library U.S. Government works onloc.gov. Snr Sgt Hurley breaks silence, testifying in his own defence. 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. 13.05 MB. Show The officer, Senior Sergeant Chris Hurley, who was charged for a death in custody, was acquitted by the jury in June 2007. "We wouldn't have [decorated] it down there," Ms Aplin said. "We sometimes involve members of the community in the selection processes, but we certainly involve the community when a new officer arrives.". Forty minutes later, Cameron was found dead in his cell. In 2011 a documentary was made. She decided that the inquest would start afresh on 29 March 2005, with a three-day directions hearing in Brisbane. [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. 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. Criminal Misconduct Commission announces that no disciplinary charges will be laid against Senior Sergeant Chris Hurley over Mulrunji's death. 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 . [11][16], A crowd headed initially for the police station. Web Page. "There will always be tension because there's not enough communication between police and community. Mulrunji was placed in the two-cell lockup which was the back section of the Palm Island Police Station. What really happened to Cameron Doomadgee? State Coroner Michael Barnes orders a second autopsy be conducted. [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. Citations are generated automatically from bibliographic data as Mayor 'disappointed' with CMC's Palm Island death findings ), The applicants in the case were Lex Wotton, his partner Cecilia Wotton, and his mother Agnes Wotton. He is drunk, and as they arrive at the station he strikes Senior Sergeant Christopher Hurley in the face. This year, hundreds of Palm Islanders affected by the events received compensation as part of a $30 million State Government class action settlement. The subsequent trial of Senior Sergeant Chris Hurley - who had been decorated . Coronial inquiry into Mulrunji's death begins. He was taken into custody by Senior Sargeant Chris Hurley, accompanied by . It is not an easy one to tell. [17], The deceased was 181cm tall and weighed 74 kilograms. A timeline of events flowing from the death in custody of Palm Island man Cameron Doomadgee: 2004. He was taken into custody by Senior Sargeant Chris Hurley, accompanied by the Indigenous Liaison Police officer Lloyd Bengaroo. [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 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. [23] The Palm Islanders faced charges of riot, arson and assault. Yanner and Foster refused to cooperate with the investigation. 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. Source: AAP November 2004 "We were trying to ensure the protection of the community, the protection of the police and government servants who worked there. [11], Initially 13 Palm Islanders were arrested and charged. 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. The injury may have been caused by Hurley falling on the deceased. The resolution specifically asked that the Centre not be in the possession of the Police Citizens Youth Club Association or the Queensland Police Service. The coroners preliminary report found that Mulrunji died after falling over a step. [92], 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. "Without a doubt we learnt very many things from our response at Palm Island way back 10 years ago," he said. On November 19th 2004, Cameron Doomadgee, also known as Mulrunji, was arrested for allegedly causing a public nuisance. 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. "I don't regret what happened at that particular time," he said. [72][73][74], In 2012 filmmaker Tony Krawitz, won the Walkley Foundation Long-form Journalism: Documentary award for his documentary film based on Hooper's book, titled The Tall Man. 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". 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. [12], 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. [34], In late September 2006, Clements found that Doomadgee was killed as a result of punches by Hurley. Their report[55] was tabled on 25 August 2005. Palm Island Mayor Alf Lacey said it had been difficult to rebuild trust between police and residents in the years since then. Queensland Police Union President Denis Fitzpatrick demanded the rioters be charged with attempted murder of 12 police. Ms Aplin said she never wanted to forget Mr Doomadgee. 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).) "It was an extraordinarily difficult circumstance," Mr Beattie told the ABC. 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. State budget announces boost to police numbers in indigenous communities, more CCTV cameras for watchhouses. At trial he only gave his revised estimate. (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. "I'd like to see it being a nice little, nice prosperous town, a lot of employment in the town, investment in the town. [8], For the following week public meetings were held on the Island due to anger rising in the community about the death. [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. 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". [62] As a result he was charged with contempt of court by the Attorney General. 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. A resident and his partner were later awarded A$235,000 in compensation for assault, battery and false imprisonment. The Palm Islanders rioted and burnt down the police station. 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 He was locked up for being drunk and a public nuisance, and at the time of his arrest had no visible injuries.
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