2004 Palm Island death in custody
Encyclopedia
The 2004 Palm Island death in custody incident relates to the death of Palm Island, Queensland
resident, Mulrunji on Friday, 19 November 2004 in a police cell. The death of Mulrunji led to civic disturbances on the island and a legal, political and media sensation that continued for three years culminating in the first trial of an Australian police officer for a death in custody. The officer was acquitted
by a Townsville
jury in June 2007.
The series of controversies had broad implications for the Palm Island community and their relationship with Government and the broader Australian people.
Two legal questions arise from the death, firstly whether the taking into custody of Mulrunji was lawful and were the injuries that led to his death caused by the arresting officer. Politically this event raised questions relating to the 1990 Royal Commission into Aboriginal Deaths in Custody
and whether its recommendations to prevent deaths in custody had been implemented by Government.
, one hour after being picked up for allegedly causing a public nuisance.
Mulrunji was placed in the two-cell lockup which was the back section of the Palm Island Police Station. Fellow Palm Islander Patrick Bramwell was placed in the adjoining cell.
The arresting officer, Senior Sergeant Chris Hurley, and the police liaison officer, Lloyd Bengaroo, were flown off the island the following Monday after receiving threats.
This was the 147th death of an Aboriginal person in custody since the handing down of the 1990 Royal Commission
.
An autopsy report by Coroner Michael Barnes was produced for the family one week after the death. It stated that Mulrunji had suffered four broken ribs, which had ruptured his liver and spleen, it also found that the body's blood alcohol content
was 0.29 from a cocktail of alcohol including methylated spirits mixed with sweet cordial. The family of the deceased were informed by the Coroner that the death was the result of "an intra-abdominal haemorrhage caused by a ruptured liver and portal vein".
According to residents and relatives as reported in the media; 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 "D" Street where he was picked up. Reports indicate that he was walking along the Street singing "Who Let the Dogs Out?
" when Senior Sergeant Chris Hurley drove past.
Chris Hurley is a caucasian Australian who was aged 36 at the time of the incident. He had spent the morning investigating complaints by sisters Gladys, Andrea and Anna Nugent that Roy Bramwell had assaulted them. One of them needed to be airlifted to Townsville Hospital. Gladys Nugent requested that Chris Hurley accompany her so that she could safely get medication from Bramwell's house. Chris Hurley drove her to the house in the police vehicle.
While Gladys Nugent retrieved her medication Patrick Bramwell, was outside appearing intoxicated and swearing at the police. His grandmother complained to Senior Sergeant Hurley who then arrested him. Meanwhile Mulrunji taunted Police Liaison Officer Bengaroo with words to the effect of why does he help lock up his own people. Chris Hurley then reentered the car and talked with Bengaroo briefly. Mulrunji who had walked off turned and swore at them. Chris Hurley drove over to him and arrested him for creating a public nuisance. Mulrunji was then taken in the back of the police vehicle for the short trip to the police station.
Doomadgee family spokesman, Brad Foster, claimed that 15 minutes lapsed before a seven-second check was done on the inmates. 42 minutes later a second police officer observed that Mulrunji was a strange colour and that he was cold to the touch, he could not find a pulse. On being alerted to this Arresting Officer Chris Hurley came in and thought he could detect a pulse. By all accounts an ambulance was then called which took 15 minutes to arrive during which time no attempts were made to resuscitate the prisoner, although the autopsy found that there would have been no chance of saving him. Instead, the videotape footage from the cell shows Chris Hurley checking for breathing and pulse then "sliding down the wall of the cell until he sat with his face in his hands".
Soon after Mulrunji's sister brought lunch for him to the front section of the police station, she was told to go away by the police and was not informed of events. The family and the state coroner were informed of the death at about 3pm that afternoon. Police began taking statements from witnesses however procedures for taking of statements from illiterate Aborigines were not followed, including that they are required to have representative present who understand the process (preferably a legal representation).
The family later stated that the Government's response was not to provide counselling for the family but to send in 18 extra police from Townsville who "strut around this community, looking intimidating".
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. Although the autopsy report was medical and did not state what caused his death, it did list possible causes which included that the multiple injuries sustained could have been consistent with him falling on a shallow concrete step at the Palm Island
watchhouse. The deceased was 181 cm tall and weighed 74 kilograms. Hurley was 201 cm tall and weighed 115 kilograms. The injury may have been caused by Hurley falling on the deceased. The Coroner later stated that the autopsy was "far too sensitive and private" to be publicly released. Subsequent to the autopsy report reading a succession of angry young Aboriginal men spoke to the crowd and encouraged immediate action be taken against the police. Mulrunji's death was repeatedly branded "cold-blooded murder". A riot
erupted involving an estimated 400 people, half of them school children.
The local courthouse, police station and police barracks were burned down. 18 local police had to repeatedly retreat; firstly receding from the station to the residential barracks, when the barracks were also set alight they (and their families) withdrew to the hospital and barricaded themselves in. Cars and machinery were driven onto the runway, blocking all aircraft movement. Even the (Aboriginal) volunteer fire brigade had stones thrown at them while they tried to put out the courthouse and police station fires.
As the riot occurred during the school lunch break it was witnessed by many children. As a way of helping them understand and cope with the on-going trauma they had experienced children were later encouraged to express themselves through art, one of the resulting pieces was titled "We saw the police station burn. I want people to have love."
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.
pistol at the hip and a shotgun or semi-automatic rifle in their right hand.
Over the weekend the tactical response group searched many homes, children as young as nine were forced to throw out their alcohol during late-night raids while their parents were arrested and taken to Townsville
for committing crimes such as public drunkenness and common assault.
Premier Peter Beattie
visited Palm Island on Sunday the 28th producing a five-point plan to restore order to local leaders. There was much debate over the appropriateness of the police/government response to the riot, it was likened to acts of terrorists and storm troopers and complaints were made that Aboriginal Legal Aid had been denied access to the Island. On the other extreme Queensland Police Union President Denis Fitzpatrick demanded the rioters be charged with attempted murder of 12 police. The police who had been stationed on the island indicated through the Union that they did not wish to return.
An "emergency situation" under the Public Safety Preservation Act 1986 (the Act) was declared by police on the afternoon of the riot, and was lifted two days later just before the Premier's arrival. However the timing of the "emergency" was later disputed by lawyers for the Palm Island community who maintained that the emergency could only last for as long as the riot itself and that the police did not have the extended search and detain powers under the Act that they were relying upon.
The Queensland Government has admitted it may be difficult to find police prepared to serve on the island at this time but has repeatedly stated it is committed to a continued police presence on the island.
Initially thirteen Palm Islanders were arrested and charged, they appeared before the Townsville Magistrates Court on Monday 29 November, the first business day after the riot. The Palm Islanders faced charges of riot, arson and assault, it was determined by the Magistrate that due to the 'state of emergency over there' it would be too dangerous to allow the defendants to return to Palm and therefore bail was not considered. On 1 December three more rioters were arrested, this time all women, a 65-year-old grandmother, her daughter, and the daughter of a Palm Island Councillor.
All 19 charged with rioting by 6 December were granted bail by the Queensland Chief Magistrate although conditions were imposed such as not being allowed to return to Palm Island including for the funeral of Mulrunji. Another notable condition of bail was that they were not to attend rallies or marches over the death in custody. The circumstances leading up to the riot were taken into consideration when bail was considered and it was reasoned that if they stay in the different community of Townsville that there was a low likelihood of re-offending.
Mr. Lex Wotton was warned by a Brisbane court in 2006 to comply with the original conditions of bail by discontinuing his public appearances at rallies and marches.
Four people were prosecuted for the riot and they were acquitted. Mr. Wotton initially pleaded guilty to the charge of rioting, however after the others were acquitted he successfully challenged the legal proceedings and withdrew his guilty plea in May 2007.
Lex Wotton was found guilty at trial.
offered for activist Murandoo Yanner and Carpentaria Land Council chief executive Brad Foster to accompany her to Palm Island
in the weeks after the riot at taxpayers' expense.
The Minister and her office told The Australian
newspaper the Government paid for the tickets in order to expedite the purchasing of the tickets at such short notice; both Yanner and Foster had agreed to reimburse the Government later for the cost of the tickets. According to Yanner and Foster, Minister Clark's Senior Policy Advisor had asked them to fabricate a story for the public that they had agreed to reimburse the cost of the flights, while assuring them they would not have to pay.
Premier Peter Beattie
ordered the Minister to pay the $1 775 herself although he would not go as far as to fire her over the controversy unless there was an adverse criminal or misconduct finding, he said that Mr Yanner had no credibility, the Minister immediately took unscheduled holiday leave. A Crime and Misconduct Commission
(CMC) criminal and misconduct investigation was launched into the whole affair, Mr. Yanner and Mr. Foster refused to cooperate with the investigation. Ms. Clark and her Senior Policy Advisor were interviewed at length by the CMC, Ms. Clark maintained that she had never spoken to Yanner or Foster, that she had not directed her Senior Policy Advisor to politically cover for her with the alleged deal and that Yanner and Foster were definitely told that they would have to pay the airfare back. 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.
Even though the Minister had already personally paid the cost of the airfare the Queensland Government ministerial services still pursued Yanner and Foster for the money on behalf of Ms. Clark however they refused to pay.
On 1 March 2005 the Crime and Misconduct Commission released its draft report, finding that the office of the Minister for Indigenous Affairs had lied over the airfare affair to avoid short-term political embarrassment, sending a deliberately misleading statement to The Australian. The Minister Liddy Clark, who was a former Play School
presenter, immediately resigned from the Cabinet to become a backbencher
. The Premier accepted responsibility for giving "a new minister such a tough portfolio". Liddy Clark and the two ministerial staff denied deliberately misleading the public.
The adverse finding was based on a media statement to The Australian which made the positive statement; "we agreed to assist with the airline bookings on the understanding that they would pick up the cost" when it was known at the time by the Minister that the possibility of the airfares being repaid was only mooted after the tickets had been booked. The CMC noted that it was not improper for the flights to have been paid by taxpayers, nor was it improper to ask for it to be reimbursed, the lying to escape political fallout was the only issue of misconduct. "The mischief lies in what was an abandonment of the truth to avoid the possibility of short-term political embarrassment."
(ALP) branch on Palm Island publicly revolted against Queensland Premier Peter Beattie
, writing a letter to him through local State Member Mike Reynolds
outlining grievances against the State Government Labor Party administration. The letter stated that the branch was active in organising protests against the Premier and his upcoming opening of a new Queensland Police Youth Club facility on Palm Island. The letter even hinted at a desire among members to defect to the Liberal Party of Australia
, stating that under Labor living conditions have not improved on the island, and life expectancy had fallen.
moved a resolution asking that the Centre not be opened until its use and occupancy could be agreed upon between the State and Local Governments. The resolution specifically asked that the Centre not be in the possession of the Police Citizens Youth Club Association or the Queensland Police Service.
The Government agreed in advance that the Centre would no longer have the word "Police" in its title however the opening by the Premier was to proceed as planned. When the Premier opened the centre he was met with a generally hostile reception. The Council boycotted the ceremony and only thirty people attended the ceremony, half of whom were holding placards demanding more money be spent on employment and health services. Beattie said that this reaction was to be expected because of current tensions with the community about police, however facilities like this were a way of building better relations between the community and the police.
In an extremely politically controversial grab for the nation's media attention, lawyer Andrew Boe, representing the Palm Island Council, sent a tape recording and statements by Councillors to the Crime and Misconduct Commission (CMC). The tape was purported to be a recording of a "heated" meeting between the Palm Island Councillors, the Premier and several Queensland Ministers before the Premier's delegation moved on to the opening ceremony of the community centre. It was alleged that the Premier proposed to forgive a $800,000 Council debt to the Government in exchange for the Councillors cancelling their boycott of the opening ceremony. Lawyer Andrew Boe accused the Premier of blackmail.
Before the tape was sent, the Premier pre-emptively stated in Parliament
that he had not offered an inducement and that he had actually offered a package of measures in exchange for the Council lifting its performance. Mr. Beattie stated that the Council needed to "get off [their] backsides and actually do something for [the] people" and then intergovernmental partnerships could be formed. The CMC later cleared Mr Beattie of any wrongdoing saying that the tapes did not substantiate the quotes attributed by Mr. Boe
The State Government has since been largely vindicated with the PCYC Centre having become a great success on the island where young and old participate in numerous sporting, educational and cultural activities in a safe and comfortable environment. The Centre is mostly staffed by community members and it has been the focal point of re-building positive relations between the police and the community.
The family also hired a private investigator to conduct an independent investigation of the death.
and the Queensland Police Service. During the directions hearing the Doomadgee family requested that the deceased be referred to by tribal name "Mulrunji" in line with Aboriginal custom, the submission was not opposed.
Coroner Barnes had previously been the Aboriginal Legal Aid solicitor for two families before the Royal Commission into Black Deaths in Custody. On the first day of the inquiry the Coroner also disclosed that he headed the complaints section of the Criminal Justice Commission
in the early 1990s when several complaints had been made about Chris Hurley however he had not handle the investigation and could not remember the complaints. Although he had not been involved in the investigation, Mr. Barnes was the officer who made the final determination that the complaints were unsubstantiated. Lawyers for both the Doomadgee family and Senior Sergeant Chris Hurley asked that the Coroner disqualify himself (although for different reasons). The Coroner subsequently disqualified himself, Deputy State Coroner Christine Clements flew to Townsville and took over, she decided that the inquest would start afresh on 29 March with a three-day directions hearing in Brisbane.
In late September 2006, coroner Christine Clements found that Doomadgee was killed as a result of punches by Chris Hurley.
Clements also accused the police of failing to investigate his death fully. In response to the coroner's findings, Queensland Police Union president Gary Wilkinson was highly critical, saying that the coroner's use of "unreliable evidence from a drunk" was "simply unbelievable".
The coroner also said that Mulrunji should not have been arrested in any case, and that local police had not learned from the findings of a 1980s Royal Commission on the deaths of young Aboriginal men in custody
. Largely supporting this conclusion albeit at the level of government rather than local police is the fact that Snr Sgt Hurley, the police officer in question over Mulrunji's death, had considered it necessary to raise similar concerns only a year prior to the death to the Federal Parliamentary Standing Committee on Aboriginal and Torres Strait Islander Affairs. In his submissions to the Committee, Senior Sergeant Chris Hurley pointed out the lack of an alcohol diversionary centre on Palm Island. He complained "If we attend a job in relation to alcohol where the person has not committed any other offences besides being drunk in public, the only option we have is to take them to the watch-house."
, the Queensland Director of Public Prosecutions
(DPP), announced on 14 December 2006 that no charges would be laid as there was no evidence proving Sergeant Chris Hurley was responsible for the Mulrunji's death. She reportedly received advice from former Supreme Court Judge James B. Thomas before making this decision.
appointed retired justice Pat Shanahan to review the DPP's decision not to lay charges against the police officer, but Shanahan resigned after it was revealed he had sat on the panel that originally appointed DPP Leanne Clare in 1999. Prime Minister John Howard
commented on the situation, saying it would be a "good idea" to appoint someone from outside Queensland. Former Chief Justice of the Supreme Court of New South Wales
, Sir Laurence Street
, was selected to review the decision not to charge Chris Hurley over the death of Mulrunji. The review resulted in the overturning of the DPP's decision, with Street finding there was sufficient evidence to prosecute Chris Hurley with manslaughter.
based trial of Chris Hurley on charges of assault and manslaughter took place in June 2007. Chris Hurley was found not guilty after medical evidence was given which discredited claims by other witnesses of an assault by Hurley upon Doomadgee. Public funded investigation and prosecution alone cost at least $7 million.
On 17 December 2008 District Court Judge Bob Pack, in Townsville, ruled that Coroner Christine Clement's finding "..was against the weight of the evidence..", so upholding Chris Hurley's appeal, requiring a new Coronial Inquiry and outraging local Aboriginal peoples who fear this will "..only dig up buried bones.."
Aboriginal activist Gracelyn Smallwood publicly criticized Chris Hurley's appeal and the District Court's decision, reportedly saying:
The Court noted that because Mr Bramwell did not have a clear view of the incident the Coroner concluded that the punches described by Bramwell hit the abdomen or torso of the deceased rather than the head and this caused the death. They further noted that the medical evidence before the Coroner allowed for the possibility that punches were one possible explanation for the facial injuries or bruises but the medical evidence unequivocally rejected punching described by Bramwell as a cause of death. They noted that the Coroner did not advert to that evidence in her report. They quoted the Coroner's observations about the cause of death and that "The consensus of medical opinion was that severe compressive force applied to the upper abdomen, or possibly the lower chest, or both together, was required to have caused this injury." and that
"Medical witnesses were asked to consider whether the application of a knee or an elbow, whilst [the deceased] was on the hard flat surface, either during or separate to the fall could have caused the mechanism of injury. This was accepted as a possible means by which the injury could have occurred".
They concluded that the Coroner's finding that Chris Hurley caused the death by punching was not reasonably open on the evidence.
The Court then addressed the Attorney-General and the appellants argument that only the Coroner's finding that punching caused the fatal injuries should be set aside as a result of the medical evidence.
The Attorney General and appelants 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 eg. a knee drop. The Court did not accept that inevitably follows and pointed out that Bramwell's evidence could be said not to "leave room for such an occurence" (Bramwell was an exclusive witness for only 6 to 10 seconds and volunteered incriminating evidence that Hurley punched Mulrunji at the Coronial hearing. However he made no claim that 201 cm Hurley did a knee drop during that time.) However they emphasised that they were merely addressing the submission not making findings on fact as that is not their function in hearing the appeal.
Instead they ordered that the Coronial Inquiry be reopened to re-examine the facts as the original Coronial Inquiry findings were set aside.
In his findings Coroner Brian Hine disagreed with the Supreme Court of Appeal regarding the knee drop. He believed that the evidence left room for a finding that a knee drop may have occurred. He found that the injuries could have been caused by Sen Sgt Chris Hurley accidentally falling on top of Mr Doomadgee or by the officer "dropping a knee into his torso". He said that due to the unreliability of police and aboriginal witnesses he could not make a definitive finding. However he found that Chris Hurley punched Mulrunji in the face and abused him while attempting to get him into the station and found that police colluded to protect Chris Hurley. A CMC report leaked to the media reportedly recommends that 7 officers will face charges.
Their report http://www.parliament.qld.gov.au/committees/view/committees/documents/PISC/reports/report.pdf was tabled on 25 August 2005 (Hansard page 2764). It detailed 65 recommendations which seek to reduce violence and overcrowding, and improve standards of education and health. In achieving these objectives, issues such as drug and alcohol abuse and unemployment would also be addressed.
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.
After the alleged rioters were granted bail 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. His comment was criticized as hypocritical and systematic of "one rule for us and one for whites and that's a racist legal system where the cops get their way" by Burketown
Aboriginal activist Murrandoo Yanner and relative of the Doomadgee family who was at the centre of controversy over his calls for Aboriginals to bash all "racist cops" and for all police stations to be burnt. Yanner said that Hurley was no racist, that he was loved by the Indigenous communities he had previously worked in, and that he identified with Hurley in that "he was a thug and a mug. I am the same", and that they would both respond with fists when confronted or challenged, portraying a cop who some years ago had confronted and overcome his own inherent racism while working in the Torres Strait
. Yanner said his anger was with the legal system in general and particularly the police's role in justice for Indigenous people, saying that Chris Hurley was an exception to these problems, but that he had probably gone too far in giving Mulrunji a hiding.
Sen. Sgt. Chris Hurley received a confidential payout of A$100,000 from the Queensland Government in February 2005.
In mid-February 2005 Chris Hurley resumed duties after three months on paid leave. He was appointed to a duty officer position at the Broadbeach police station on the Gold Coast
, effectively a promotion.
When Coroner Barnes disqualified himself from the inquiry the QPU called for him to be sacked immediately from the position of state coroner for the indiscretion of drinking with one of the lawyers during the inquest.
When Coroner Clements made her findings QPU President Gary Wilkinson was highly critical. As a result he was charged with contempt of court by the Attorney General. Wilkinson later publicly apologised and pleaded guilty to the contempt. He was ordered to pay costs with no other punishment.
After the Attorney Generals decision to prosecute was made public members of the Union held rallies in every major city in Queensland protesting against the political intervention, and in support of Senior Sergeant Chris Hurley.
' s chief reporter in Queensland, won the Graham Perkin
Australian Journalist of the Year award for his coverage of the 2004 Palm Island death in custody and related events since.
Brisbane
based band Powderfinger
wrote a song Black Tears
which was said to mentioned the Palm Island death in custody by the words "An island watch-house bed, a black man's lying dead". The song was to be released as part of their 2007 album Dream Days at the Hotel Existence.
Fearing that the lyrics of the song might prejudice the case against their client, Chris Hurley's legal team referred the song to Queensland's Attorney-General, Kerry Shine
, in an attempt to get the song banned or the lyrics changed.
The band's management claimed that while the lyrics of the song reference the Chris Hurley case, that they were not specific enough to warrant a ban.
The band's response to the issue was to use an alternate version of "Black Tears" on the album, one that had differing lyrics to the originally intended version, but to keep the launch date the same as originally intended. In contrast to the report from the band's management, the band reports that the song was originally influenced by offences relating to people climbing the Australian attraction Uluru
(deemed sacred by indigenous Australians), acknowledging nothing relating to the legal case.
Palm Island, Queensland
Palm Island is an Aboriginal community located on Great Palm Island, also called by the Aboriginal name "Bwgcolman", an island on the Great Barrier Reef in North Queensland, Australia The settlement is also known by a variety of other names including "the Mission", Palm Island Settlement or Palm...
resident, Mulrunji on Friday, 19 November 2004 in a police cell. The death of Mulrunji led to civic disturbances on the island and a legal, political and media sensation that continued for three years culminating in the first trial of an Australian police officer for a death in custody. The officer was acquitted
Acquittal
In the common law tradition, an acquittal formally certifies the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...
by a Townsville
Townsville, Queensland
Townsville is a city on the north-eastern coast of Australia, in the state of Queensland. Adjacent to the central section of the Great Barrier Reef, it is in the dry tropics region of Queensland. Townsville is Australia's largest urban centre north of the Sunshine Coast, with a 2006 census...
jury in June 2007.
The series of controversies had broad implications for the Palm Island community and their relationship with Government and the broader Australian people.
Two legal questions arise from the death, firstly whether the taking into custody of Mulrunji was lawful and were the injuries that led to his death caused by the arresting officer. Politically this event raised questions relating to the 1990 Royal Commission into Aboriginal Deaths in Custody
Royal Commission into Aboriginal Deaths in Custody
The Royal Commission into Aboriginal Deaths in Custody studied and reported on the high level of deaths of Aboriginal people whilst in custody after being arrested or convicted of committing crimes. This included suicide, natural causes, medical conditions and injuries caused by police...
and whether its recommendations to prevent deaths in custody had been implemented by Government.
The death
Mulrunji, an Indigenous Australian was aged 36 when he died. The time of death was about 11:20am on Palm IslandPalm Island, Queensland
Palm Island is an Aboriginal community located on Great Palm Island, also called by the Aboriginal name "Bwgcolman", an island on the Great Barrier Reef in North Queensland, Australia The settlement is also known by a variety of other names including "the Mission", Palm Island Settlement or Palm...
, one hour after being picked up for allegedly causing a public nuisance.
Mulrunji was placed in the two-cell lockup which was the back section of the Palm Island Police Station. Fellow Palm Islander Patrick Bramwell was placed in the adjoining cell.
The arresting officer, Senior Sergeant Chris Hurley, and the police liaison officer, Lloyd Bengaroo, were flown off the island the following Monday after receiving threats.
This was the 147th death of an Aboriginal person in custody since the handing down of the 1990 Royal Commission
Royal Commission into Aboriginal Deaths in Custody
The Royal Commission into Aboriginal Deaths in Custody studied and reported on the high level of deaths of Aboriginal people whilst in custody after being arrested or convicted of committing crimes. This included suicide, natural causes, medical conditions and injuries caused by police...
.
An autopsy report by Coroner Michael Barnes was produced for the family one week after the death. It stated that Mulrunji had suffered four broken ribs, which had ruptured his liver and spleen, it also found that the body's blood alcohol content
Blood alcohol content
Blood alcohol content , also called blood alcohol concentration, blood ethanol concentration, or blood alcohol level is most commonly used as a metric of alcohol intoxication for legal or medical purposes....
was 0.29 from a cocktail of alcohol including methylated spirits mixed with sweet cordial. The family of the deceased were informed by the Coroner that the death was the result of "an intra-abdominal haemorrhage caused by a ruptured liver and portal vein".
According to residents and relatives as reported in the media; 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 "D" Street where he was picked up. Reports indicate that he was walking along the Street singing "Who Let the Dogs Out?
Who Let the Dogs Out?
"Who Let the Dogs Out?" is a song written and originally recorded by Anslem Douglas for Trinidad and Tobago's Carnival season of 1998. It was heard and taped on a float by hairdresser Keith from the London salon Smile, who played it to Jonathan King, who recorded it and released it under the name...
" when Senior Sergeant Chris Hurley drove past.
Chris Hurley is a caucasian Australian who was aged 36 at the time of the incident. He had spent the morning investigating complaints by sisters Gladys, Andrea and Anna Nugent that Roy Bramwell had assaulted them. One of them needed to be airlifted to Townsville Hospital. Gladys Nugent requested that Chris Hurley accompany her so that she could safely get medication from Bramwell's house. Chris Hurley drove her to the house in the police vehicle.
While Gladys Nugent retrieved her medication Patrick Bramwell, was outside appearing intoxicated and swearing at the police. His grandmother complained to Senior Sergeant Hurley who then arrested him. Meanwhile Mulrunji taunted Police Liaison Officer Bengaroo with words to the effect of why does he help lock up his own people. Chris Hurley then reentered the car and talked with Bengaroo briefly. Mulrunji who had walked off turned and swore at them. Chris Hurley drove over to him and arrested him for creating a public nuisance. Mulrunji was then taken in the back of the police vehicle for the short trip to the police station.
Doomadgee family spokesman, Brad Foster, claimed that 15 minutes lapsed before a seven-second check was done on the inmates. 42 minutes later a second police officer observed that Mulrunji was a strange colour and that he was cold to the touch, he could not find a pulse. On being alerted to this Arresting Officer Chris Hurley came in and thought he could detect a pulse. By all accounts an ambulance was then called which took 15 minutes to arrive during which time no attempts were made to resuscitate the prisoner, although the autopsy found that there would have been no chance of saving him. Instead, the videotape footage from the cell shows Chris Hurley checking for breathing and pulse then "sliding down the wall of the cell until he sat with his face in his hands".
Soon after Mulrunji's sister brought lunch for him to the front section of the police station, she was told to go away by the police and was not informed of events. The family and the state coroner were informed of the death at about 3pm that afternoon. Police began taking statements from witnesses however procedures for taking of statements from illiterate Aborigines were not followed, including that they are required to have representative present who understand the process (preferably a legal representation).
The family later stated that the Government's response was not to provide counselling for the family but to send in 18 extra police from Townsville who "strut around this community, looking intimidating".
Riot
For the following week public meetings were held on the Island, anger rising in the community about the death.On Friday 26 November 2004 the results of the autopsy report were read to a public meeting by then Palm Island Council
Palm Island Aboriginal Shire Council
The Aboriginal Shire of Palm Island is a special Local Government Area of Queensland, Australia, managed by the Palm Island Aboriginal Shire Council under a Deed of Grant in Trust granted to the community on 27 October 1986. It is located on Palm Island, near the north Queensland city of...
Chairwoman Erykah Kyle. Although the autopsy report was medical and did not state what caused his death, it did list possible causes which included that the multiple injuries sustained could have been consistent with him falling on a shallow concrete step at the Palm Island
Palm Island, Queensland
Palm Island is an Aboriginal community located on Great Palm Island, also called by the Aboriginal name "Bwgcolman", an island on the Great Barrier Reef in North Queensland, Australia The settlement is also known by a variety of other names including "the Mission", Palm Island Settlement or Palm...
watchhouse. The deceased was 181 cm tall and weighed 74 kilograms. Hurley was 201 cm tall and weighed 115 kilograms. The injury may have been caused by Hurley falling on the deceased. The Coroner later stated that the autopsy was "far too sensitive and private" to be publicly released. Subsequent to the autopsy report reading a succession of angry young Aboriginal men spoke to the crowd and encouraged immediate action be taken against the police. Mulrunji's death was repeatedly branded "cold-blooded murder". A riot
Riot
A riot is a form of civil disorder characterized often by what is thought of as disorganized groups lashing out in a sudden and intense rash of violence against authority, property or people. While individuals may attempt to lead or control a riot, riots are thought to be typically chaotic and...
erupted involving an estimated 400 people, half of them school children.
The local courthouse, police station and police barracks were burned down. 18 local police had to repeatedly retreat; firstly receding from the station to the residential barracks, when the barracks were also set alight they (and their families) withdrew to the hospital and barricaded themselves in. Cars and machinery were driven onto the runway, blocking all aircraft movement. Even the (Aboriginal) volunteer fire brigade had stones thrown at them while they tried to put out the courthouse and police station fires.
As the riot occurred during the school lunch break it was witnessed by many children. As a way of helping them understand and cope with the on-going trauma they had experienced children were later encouraged to express themselves through art, one of the resulting pieces was titled "We saw the police station burn. I want people to have love."
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.
Police response
Later the same day approximately 80 additional police from Townsville and Cairns were flown to Palm to restore order, they converted the Bwgcolman Community School into a headquarters and sleeping barracks and commandeered St Michael's school bus. Included in the fly in police contingent was the 'tactical response group' who wore riot shields, balaclavas and helmets with face-masks, GlockGlock
Glock Ges.m.b.H. is a weapons manufacturer headquartered in Deutsch-Wagram, Austria, named after its founder, Gaston Glock...
pistol at the hip and a shotgun or semi-automatic rifle in their right hand.
Over the weekend the tactical response group searched many homes, children as young as nine were forced to throw out their alcohol during late-night raids while their parents were arrested and taken to Townsville
Townsville, Queensland
Townsville is a city on the north-eastern coast of Australia, in the state of Queensland. Adjacent to the central section of the Great Barrier Reef, it is in the dry tropics region of Queensland. Townsville is Australia's largest urban centre north of the Sunshine Coast, with a 2006 census...
for committing crimes such as public drunkenness and common assault.
Premier Peter Beattie
Peter Beattie
Peter Douglas Beattie , Australian politician, was the 36th Premier of the Australian state of Queensland for nine years and leader of the Australian Labor Party in that state for eleven and a half years...
visited Palm Island on Sunday the 28th producing a five-point plan to restore order to local leaders. There was much debate over the appropriateness of the police/government response to the riot, it was likened to acts of terrorists and storm troopers and complaints were made that Aboriginal Legal Aid had been denied access to the Island. On the other extreme Queensland Police Union President Denis Fitzpatrick demanded the rioters be charged with attempted murder of 12 police. The police who had been stationed on the island indicated through the Union that they did not wish to return.
An "emergency situation" under the Public Safety Preservation Act 1986 (the Act) was declared by police on the afternoon of the riot, and was lifted two days later just before the Premier's arrival. However the timing of the "emergency" was later disputed by lawyers for the Palm Island community who maintained that the emergency could only last for as long as the riot itself and that the police did not have the extended search and detain powers under the Act that they were relying upon.
The Queensland Government has admitted it may be difficult to find police prepared to serve on the island at this time but has repeatedly stated it is committed to a continued police presence on the island.
Court proceedings
A total of 28 Indigenous Australians were arrested and charged with offences ranging from arson to riotous behaviour in the weeks following the riot.Initially thirteen Palm Islanders were arrested and charged, they appeared before the Townsville Magistrates Court on Monday 29 November, the first business day after the riot. The Palm Islanders faced charges of riot, arson and assault, it was determined by the Magistrate that due to the 'state of emergency over there' it would be too dangerous to allow the defendants to return to Palm and therefore bail was not considered. On 1 December three more rioters were arrested, this time all women, a 65-year-old grandmother, her daughter, and the daughter of a Palm Island Councillor.
All 19 charged with rioting by 6 December were granted bail by the Queensland Chief Magistrate although conditions were imposed such as not being allowed to return to Palm Island including for the funeral of Mulrunji. Another notable condition of bail was that they were not to attend rallies or marches over the death in custody. The circumstances leading up to the riot were taken into consideration when bail was considered and it was reasoned that if they stay in the different community of Townsville that there was a low likelihood of re-offending.
Mr. Lex Wotton was warned by a Brisbane court in 2006 to comply with the original conditions of bail by discontinuing his public appearances at rallies and marches.
Four people were prosecuted for the riot and they were acquitted. Mr. Wotton initially pleaded guilty to the charge of rioting, however after the others were acquitted he successfully challenged the legal proceedings and withdrew his guilty plea in May 2007.
Lex Wotton was found guilty at trial.
Air affair
In one of the more unusual political controversies of the Beattie Government, then Queensland Indigenous Policy Minister Liddy ClarkLiddy Clark
Elizabeth Anne Clark is an Australian actor and former Australian Labor Party politician.-Acting career:...
offered for activist Murandoo Yanner and Carpentaria Land Council chief executive Brad Foster to accompany her to Palm Island
Palm Island, Queensland
Palm Island is an Aboriginal community located on Great Palm Island, also called by the Aboriginal name "Bwgcolman", an island on the Great Barrier Reef in North Queensland, Australia The settlement is also known by a variety of other names including "the Mission", Palm Island Settlement or Palm...
in the weeks after the riot at taxpayers' expense.
The Minister and her office told The Australian
The Australian
The Australian is a broadsheet newspaper published in Australia from Monday to Saturday each week since 14 July 1964. The editor in chief is Chris Mitchell, the editor is Clive Mathieson and the 'editor-at-large' is Paul Kelly....
newspaper the Government paid for the tickets in order to expedite the purchasing of the tickets at such short notice; both Yanner and Foster had agreed to reimburse the Government later for the cost of the tickets. According to Yanner and Foster, Minister Clark's Senior Policy Advisor had asked them to fabricate a story for the public that they had agreed to reimburse the cost of the flights, while assuring them they would not have to pay.
Premier Peter Beattie
Peter Beattie
Peter Douglas Beattie , Australian politician, was the 36th Premier of the Australian state of Queensland for nine years and leader of the Australian Labor Party in that state for eleven and a half years...
ordered the Minister to pay the $1 775 herself although he would not go as far as to fire her over the controversy unless there was an adverse criminal or misconduct finding, he said that Mr Yanner had no credibility, the Minister immediately took unscheduled holiday leave. A Crime and Misconduct Commission
Crime and Misconduct Commission
The Crime and Misconduct Commission is an independent Queensland Government entity created to combat and reduce the incidence of major crime and to continuously improve the integrity of, and to reduce the incidence of misconduct in, the Queensland public sector. The CMC also has a witness...
(CMC) criminal and misconduct investigation was launched into the whole affair, Mr. Yanner and Mr. Foster refused to cooperate with the investigation. Ms. Clark and her Senior Policy Advisor were interviewed at length by the CMC, Ms. Clark maintained that she had never spoken to Yanner or Foster, that she had not directed her Senior Policy Advisor to politically cover for her with the alleged deal and that Yanner and Foster were definitely told that they would have to pay the airfare back. The CMC demanded that the Australian Broadcasting Corporation
Australian Broadcasting Corporation
The Australian Broadcasting Corporation, commonly referred to as "the ABC" , is Australia's national public broadcaster...
(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.
Even though the Minister had already personally paid the cost of the airfare the Queensland Government ministerial services still pursued Yanner and Foster for the money on behalf of Ms. Clark however they refused to pay.
On 1 March 2005 the Crime and Misconduct Commission released its draft report, finding that the office of the Minister for Indigenous Affairs had lied over the airfare affair to avoid short-term political embarrassment, sending a deliberately misleading statement to The Australian. The Minister Liddy Clark, who was a former Play School
Play School (Australian TV series)
Play School is an Australian educational television show for children produced by the Australian Broadcasting Corporation. It is the longest-running children's show in Australia, and the second longest running childrens show in the world. An estimated 80% of pre-school children under six watch the...
presenter, immediately resigned from the Cabinet to become a backbencher
Backbencher
In Westminster parliamentary systems, a backbencher is a Member of Parliament or a legislator who does not hold governmental office and is not a Front Bench spokesperson in the Opposition...
. The Premier accepted responsibility for giving "a new minister such a tough portfolio". Liddy Clark and the two ministerial staff denied deliberately misleading the public.
The adverse finding was based on a media statement to The Australian which made the positive statement; "we agreed to assist with the airline bookings on the understanding that they would pick up the cost" when it was known at the time by the Minister that the possibility of the airfares being repaid was only mooted after the tickets had been booked. The CMC noted that it was not improper for the flights to have been paid by taxpayers, nor was it improper to ask for it to be reimbursed, the lying to escape political fallout was the only issue of misconduct. "The mischief lies in what was an abandonment of the truth to avoid the possibility of short-term political embarrassment."
ALP branch revolt
Some months after the riot the 24-member Australian Labor PartyAustralian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
(ALP) branch on Palm Island publicly revolted against Queensland Premier Peter Beattie
Peter Beattie
Peter Douglas Beattie , Australian politician, was the 36th Premier of the Australian state of Queensland for nine years and leader of the Australian Labor Party in that state for eleven and a half years...
, writing a letter to him through local State Member Mike Reynolds
Mike Reynolds (politician)
Michael Reynolds is an Australian politician. He was a Labor member of the Queensland Legislative Assembly from 1998 to 2009, representing the district of Townsville. He served as Speaker of the Queensland Legislative Assembly from 2006 to 2009.- Biography :Reynolds has first elected to...
outlining grievances against the State Government Labor Party administration. The letter stated that the branch was active in organising protests against the Premier and his upcoming opening of a new Queensland Police Youth Club facility on Palm Island. The letter even hinted at a desire among members to defect to the Liberal Party of Australia
Liberal Party of Australia
The Liberal Party of Australia is an Australian political party.Founded a year after the 1943 federal election to replace the United Australia Party, the centre-right Liberal Party typically competes with the centre-left Australian Labor Party for political office...
, stating that under Labor living conditions have not improved on the island, and life expectancy had fallen.
Police Youth Centre
In a general atmosphere where there was high levels of local animosity towards the police in the months following the riot, the Queensland Government coincidently had completed construction of a new multi-million dollar community centre which would be primarily under the control of the Police Youth Club Association. Premier Peter Beattie was due to open the new facility in February 2005, in the lead up to the launch (while the Coronial inquiry was just beginning) Mr Beattie was asked not to proceed with the launch by the Doomadgee family. Additionally the Palm Island CouncilPalm Island Aboriginal Shire Council
The Aboriginal Shire of Palm Island is a special Local Government Area of Queensland, Australia, managed by the Palm Island Aboriginal Shire Council under a Deed of Grant in Trust granted to the community on 27 October 1986. It is located on Palm Island, near the north Queensland city of...
moved a resolution asking that the Centre not be opened until its use and occupancy could be agreed upon between the State and Local Governments. The resolution specifically asked that the Centre not be in the possession of the Police Citizens Youth Club Association or the Queensland Police Service.
The Government agreed in advance that the Centre would no longer have the word "Police" in its title however the opening by the Premier was to proceed as planned. When the Premier opened the centre he was met with a generally hostile reception. The Council boycotted the ceremony and only thirty people attended the ceremony, half of whom were holding placards demanding more money be spent on employment and health services. Beattie said that this reaction was to be expected because of current tensions with the community about police, however facilities like this were a way of building better relations between the community and the police.
In an extremely politically controversial grab for the nation's media attention, lawyer Andrew Boe, representing the Palm Island Council, sent a tape recording and statements by Councillors to the Crime and Misconduct Commission (CMC). The tape was purported to be a recording of a "heated" meeting between the Palm Island Councillors, the Premier and several Queensland Ministers before the Premier's delegation moved on to the opening ceremony of the community centre. It was alleged that the Premier proposed to forgive a $800,000 Council debt to the Government in exchange for the Councillors cancelling their boycott of the opening ceremony. Lawyer Andrew Boe accused the Premier of blackmail.
Before the tape was sent, the Premier pre-emptively stated in Parliament
Queensland Legislative Assembly
The Queensland Legislative Assembly is the unicameral chamber of the Parliament of Queensland. Elections are held approximately once every three years. Voting is by the Optional Preferential Voting form of the Alternative Vote system...
that he had not offered an inducement and that he had actually offered a package of measures in exchange for the Council lifting its performance. Mr. Beattie stated that the Council needed to "get off [their] backsides and actually do something for [the] people" and then intergovernmental partnerships could be formed. The CMC later cleared Mr Beattie of any wrongdoing saying that the tapes did not substantiate the quotes attributed by Mr. Boe
The State Government has since been largely vindicated with the PCYC Centre having become a great success on the island where young and old participate in numerous sporting, educational and cultural activities in a safe and comfortable environment. The Centre is mostly staffed by community members and it has been the focal point of re-building positive relations between the police and the community.
Investigation
Because of suspicions about the results of the first autopsy by the Queensland government pathologist the family delayed Mulrunji's funeral and insisted that the Coroner order a second "independent autopsy" which would be observed by a pathologist on behalf of the Doomadgee family.The family also hired a private investigator to conduct an independent investigation of the death.
Overturned Coronial inquiry
On 8 February 2005 an initial one-day directions hearing for a full coronial inquiry into the death in custody was held. It was decided by Coroner Barnes that the inquiry would take place on the island so that the people of Palm Island would have the opportunity to observe the process, however medical evidence and evidence given by police officers was to be taken in open court in Townsville due to logistical issues and safety concerns of the police. The inquiry would begin on 28 February. Coroner Michael Barnes was assisted by two senior counsel. The directions hearing was held in a marquee because there are no other premises on the Island large enough for the expected audience. 16 barristers and solicitors appeared representing the Queensland Government, the Doomadgee family, the Human Rights and Equal Opportunity CommissionHuman Rights and Equal Opportunity Commission
The Australian Human Rights Commission is a national human rights institution, a statutory body funded by, but operating independently of, the Australian Government. It has the responsibility for investigating alleged infringements under Australia’s anti-discrimination legislation...
and the Queensland Police Service. During the directions hearing the Doomadgee family requested that the deceased be referred to by tribal name "Mulrunji" in line with Aboriginal custom, the submission was not opposed.
Coroner Barnes had previously been the Aboriginal Legal Aid solicitor for two families before the Royal Commission into Black Deaths in Custody. On the first day of the inquiry the Coroner also disclosed that he headed the complaints section of the Criminal Justice Commission
Criminal Justice Commission
The Criminal Justice Commission was established in 1989 by the Queensland Criminal Justice Act 1989, following widespread corruption amongst high-level Queensland politicians and police officers being uncovered in the Fitzgerald Inquiry...
in the early 1990s when several complaints had been made about Chris Hurley however he had not handle the investigation and could not remember the complaints. Although he had not been involved in the investigation, Mr. Barnes was the officer who made the final determination that the complaints were unsubstantiated. Lawyers for both the Doomadgee family and Senior Sergeant Chris Hurley asked that the Coroner disqualify himself (although for different reasons). The Coroner subsequently disqualified himself, Deputy State Coroner Christine Clements flew to Townsville and took over, she decided that the inquest would start afresh on 29 March with a three-day directions hearing in Brisbane.
In late September 2006, coroner Christine Clements found that Doomadgee was killed as a result of punches by Chris Hurley.
Clements also accused the police of failing to investigate his death fully. In response to the coroner's findings, Queensland Police Union president Gary Wilkinson was highly critical, saying that the coroner's use of "unreliable evidence from a drunk" was "simply unbelievable".
The coroner also said that Mulrunji should not have been arrested in any case, and that local police had not learned from the findings of a 1980s Royal Commission on the deaths of young Aboriginal men in custody
Royal Commission into Aboriginal Deaths in Custody
The Royal Commission into Aboriginal Deaths in Custody studied and reported on the high level of deaths of Aboriginal people whilst in custody after being arrested or convicted of committing crimes. This included suicide, natural causes, medical conditions and injuries caused by police...
. Largely supporting this conclusion albeit at the level of government rather than local police is the fact that Snr Sgt Hurley, the police officer in question over Mulrunji's death, had considered it necessary to raise similar concerns only a year prior to the death to the Federal Parliamentary Standing Committee on Aboriginal and Torres Strait Islander Affairs. In his submissions to the Committee, Senior Sergeant Chris Hurley pointed out the lack of an alcohol diversionary centre on Palm Island. He complained "If we attend a job in relation to alcohol where the person has not committed any other offences besides being drunk in public, the only option we have is to take them to the watch-house."
Director of Public Prosecutions decision
Leanne ClareLeanne Clare
Leanne Clare is a Judge of the District Court of Queensland and a former Queensland Director of Public Prosecutions . On 2 April 2008 she was appointed to the District Court after eight years as DPP. Between 1999 and 2000 she served as an acting judge at Ipswich District Court.Clare was admitted...
, the Queensland Director of Public Prosecutions
Director of Public Prosecutions
The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several criminal jurisdictions around the world...
(DPP), announced on 14 December 2006 that no charges would be laid as there was no evidence proving Sergeant Chris Hurley was responsible for the Mulrunji's death. She reportedly received advice from former Supreme Court Judge James B. Thomas before making this decision.
Disciplinary prosecution
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. Included in the allegations made against Chris Hurley was the allegation that he wrongfully caused the death of Mulrunji. Although they were concerned with disciplinary proceedings rather than criminal court proceedings the CMC reached the same conclusion as the DPP in relation to Hurley being criminally responsible for causing the death. They advised that "The Commission has determined that the evidence would not be capable of proving before any disciplinary tribunal that Senior Sergeant Hurley was responsible for Mulrunji's death." As a result they advised that "… no disciplinary action before the Misconduct Tribunal or by the Queensland Police Service can be taken against the police officer in relation to the cause of death..."Review of DPP decision
After several days of media and public pressure, Queensland state Premier Peter BeattiePeter Beattie
Peter Douglas Beattie , Australian politician, was the 36th Premier of the Australian state of Queensland for nine years and leader of the Australian Labor Party in that state for eleven and a half years...
appointed retired justice Pat Shanahan to review the DPP's decision not to lay charges against the police officer, but Shanahan resigned after it was revealed he had sat on the panel that originally appointed DPP Leanne Clare in 1999. Prime Minister John Howard
John Howard
John Winston Howard AC, SSI, was the 25th Prime Minister of Australia, from 11 March 1996 to 3 December 2007. He was the second-longest serving Australian Prime Minister after Sir Robert Menzies....
commented on the situation, saying it would be a "good idea" to appoint someone from outside Queensland. Former Chief Justice of the Supreme Court of New South Wales
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
, Sir Laurence Street
Laurence Street
Sir Laurence Whistler Street AC, KCMG, QC is an Australian jurist and former Chief Justice of the Supreme Court of New South Wales.-Family:...
, was selected to review the decision not to charge Chris Hurley over the death of Mulrunji. The review resulted in the overturning of the DPP's decision, with Street finding there was sufficient evidence to prosecute Chris Hurley with manslaughter.
Trial
The TownsvilleTownsville, Queensland
Townsville is a city on the north-eastern coast of Australia, in the state of Queensland. Adjacent to the central section of the Great Barrier Reef, it is in the dry tropics region of Queensland. Townsville is Australia's largest urban centre north of the Sunshine Coast, with a 2006 census...
based trial of Chris Hurley on charges of assault and manslaughter took place in June 2007. Chris Hurley was found not guilty after medical evidence was given which discredited claims by other witnesses of an assault by Hurley upon Doomadgee. Public funded investigation and prosecution alone cost at least $7 million.
District Court Appeal
In September 2008 Senior Sergeant Chris Hurley's lawyers appealed Coroner Christine Clements findings (September 2006) that he had killed Mulrunji with three fatal punchesOn 17 December 2008 District Court Judge Bob Pack, in Townsville, ruled that Coroner Christine Clement's finding "..was against the weight of the evidence..", so upholding Chris Hurley's appeal, requiring a new Coronial Inquiry and outraging local Aboriginal peoples who fear this will "..only dig up buried bones.."
Aboriginal activist Gracelyn Smallwood publicly criticized Chris Hurley's appeal and the District Court's decision, reportedly saying:
"Here we are in the most racist part of Australia, with brother Mulrunji dead in a police station, with other brothers in jail over the riot, and the police and the government getting off scot-free ... This is simply a disgrace, bully boys getting their own way while Aboriginal people suffer."
Supreme Court Appeal
In May 2009 Mulrunji's family's lawyers attempted to have Judge Pack's decision ruled invalid in the Court of Appeal.The Court noted that because Mr Bramwell did not have a clear view of the incident the Coroner concluded that the punches described by Bramwell hit the abdomen or torso of the deceased rather than the head and this caused the death. They further noted that the medical evidence before the Coroner allowed for the possibility that punches were one possible explanation for the facial injuries or bruises but the medical evidence unequivocally rejected punching described by Bramwell as a cause of death. They noted that the Coroner did not advert to that evidence in her report. They quoted the Coroner's observations about the cause of death and that "The consensus of medical opinion was that severe compressive force applied to the upper abdomen, or possibly the lower chest, or both together, was required to have caused this injury." and that
"Medical witnesses were asked to consider whether the application of a knee or an elbow, whilst [the deceased] was on the hard flat surface, either during or separate to the fall could have caused the mechanism of injury. This was accepted as a possible means by which the injury could have occurred".
They concluded that the Coroner's finding that Chris Hurley caused the death by punching was not reasonably open on the evidence.
The Court then addressed the Attorney-General and the appellants argument that only the Coroner's finding that punching caused the fatal injuries should be set aside as a result of the medical evidence.
The Attorney General and appelants 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 eg. a knee drop. The Court did not accept that inevitably follows and pointed out that Bramwell's evidence could be said not to "leave room for such an occurence" (Bramwell was an exclusive witness for only 6 to 10 seconds and volunteered incriminating evidence that Hurley punched Mulrunji at the Coronial hearing. However he made no claim that 201 cm Hurley did a knee drop during that time.) However they emphasised that they were merely addressing the submission not making findings on fact as that is not their function in hearing the appeal.
Instead they ordered that the Coronial Inquiry be reopened to re-examine the facts as the original Coronial Inquiry findings were set aside.
Coronial inquiry
On 14 May 2010 a new full coronial inquiry into the death in custody concluded. During the course of the coronial enquiry it was revealed that a police witness Senior Sargeant Michael Leafe originally estimated that Chris Hurley was alone with Mulrunji for 10 seconds but changed it to 6 or 7 seconds after reenacting his actions during that time and timing it on the request of Chris Hurley's lawyer. At trial he only gave his revised estimate. Prosecutor Peter Davis suggested that this was an attempt to sabotage prosecutors. However Sen Sgt Leafe said he believed Hurley's prosecution was a cynical political exercise.In his findings Coroner Brian Hine disagreed with the Supreme Court of Appeal regarding the knee drop. He believed that the evidence left room for a finding that a knee drop may have occurred. He found that the injuries could have been caused by Sen Sgt Chris Hurley accidentally falling on top of Mr Doomadgee or by the officer "dropping a knee into his torso". He said that due to the unreliability of police and aboriginal witnesses he could not make a definitive finding. However he found that Chris Hurley punched Mulrunji in the face and abused him while attempting to get him into the station and found that police colluded to protect Chris Hurley. A CMC report leaked to the media reportedly recommends that 7 officers will face charges.
Palm Island Select Committee
In April 2005, Premier Beattie established the Palm Island Select Committee to investigate issues leading to the riot and other problems.Their report http://www.parliament.qld.gov.au/committees/view/committees/documents/PISC/reports/report.pdf was tabled on 25 August 2005 (Hansard page 2764). It detailed 65 recommendations which seek to reduce violence and overcrowding, and improve standards of education and health. In achieving these objectives, issues such as drug and alcohol abuse and unemployment would also be addressed.
Police union and Aboriginal activists
Soon after the riot the Queensland Police Union President Denis Fitzpatrick demanded the rioters be charged with attempted murder of 12 police. The police who had been stationed on the island indicated through the Union that they did not wish to return. Former Premier Wayne GossWayne Goss
Wayne Keith Goss was Premier of Queensland from 7 December 1989 until 19 February 1996.-Early life:He was born at Mundubbera, Queensland and educated at Inala High School and the University of Queensland...
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.
After the alleged rioters were granted bail 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. 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
Burketown, Queensland
- Morning glory cloud :From the months of August to November, a rare meteorological phenomenon known as "Morning Glory" - long, tubular clouds, some up to 1000 km in length - is often observed in the skies above Burketown.....
Aboriginal activist Murrandoo Yanner and relative of the Doomadgee family who was at the centre of controversy over his calls for Aboriginals to bash all "racist cops" and for all police stations to be burnt. Yanner said that Hurley was no racist, that he was loved by the Indigenous communities he had previously worked in, and that he identified with Hurley in that "he was a thug and a mug. I am the same", and that they would both respond with fists when confronted or challenged, portraying a cop who some years ago had confronted and overcome his own inherent racism while working in the Torres Strait
Torres Strait
The Torres Strait is a body of water which lies between Australia and the Melanesian island of New Guinea. It is approximately wide at its narrowest extent. To the south is Cape York Peninsula, the northernmost continental extremity of the Australian state of Queensland...
. Yanner said his anger was with the legal system in general and particularly the police's role in justice for Indigenous people, saying that Chris Hurley was an exception to these problems, but that he had probably gone too far in giving Mulrunji a hiding.
Sen. Sgt. Chris Hurley received a confidential payout of A$100,000 from the Queensland Government in February 2005.
In mid-February 2005 Chris Hurley resumed duties after three months on paid leave. He was appointed to a duty officer position at the Broadbeach police station on the Gold Coast
Gold Coast, Queensland
Gold Coast is a coastal city of Australia located in South East Queensland, 94km south of the state capital Brisbane. With a population approximately 540,000 in 2010, it is the second most populous city in the state, the sixth most populous city in the country, and also the most populous...
, effectively a promotion.
When Coroner Barnes disqualified himself from the inquiry the QPU called for him to be sacked immediately from the position of state coroner for the indiscretion of drinking with one of the lawyers during the inquest.
When Coroner Clements made her findings QPU President Gary Wilkinson was highly critical. As a result he was charged with contempt of court by the Attorney General. Wilkinson later publicly apologised and pleaded guilty to the contempt. He was ordered to pay costs with no other punishment.
After the Attorney Generals decision to prosecute was made public members of the Union held rallies in every major city in Queensland protesting against the political intervention, and in support of Senior Sergeant Chris Hurley.
Related events
In 2007 Tony Koch, The AustralianThe Australian
The Australian is a broadsheet newspaper published in Australia from Monday to Saturday each week since 14 July 1964. The editor in chief is Chris Mitchell, the editor is Clive Mathieson and the 'editor-at-large' is Paul Kelly....
Graham Perkin
Edwin Graham Perkin was an Australian journalist and newspaper editor.Perkin was born at Hopetoun, Victoria, elder son of Herbert Edwin Perkin, baker, and his wife Iris Lily, née Graham, both Victorian born. Graham grew up at Warracknabeal and was educated at the local high school...
Australian Journalist of the Year award for his coverage of the 2004 Palm Island death in custody and related events since.
Brisbane
Brisbane
Brisbane is the capital and most populous city in the Australian state of Queensland and the third most populous city in Australia. Brisbane's metropolitan area has a population of over 2 million, and the South East Queensland urban conurbation, centred around Brisbane, encompasses a population of...
based band Powderfinger
Powderfinger
Powderfinger was an Australian rock band that formed in Brisbane in 1989. From 1992 until their breakup the band lineup consisted of vocalist Bernard Fanning, guitarists Darren Middleton and Ian Haug, bassist John Collins, and drummer Jon Coghill....
wrote a song Black Tears
Black Tears
"Black Tears" is a song by Australian alternative rock band Powderfinger, from their sixth studio album Dream Days at the Hotel Existence. The song is an acoustic ballad in a folk music style, beginning with one guitar and a lead vocal, later introducing a guitar with a synthesised effect from the...
which was said to mentioned the Palm Island death in custody by the words "An island watch-house bed, a black man's lying dead". The song was to be released as part of their 2007 album Dream Days at the Hotel Existence.
Fearing that the lyrics of the song might prejudice the case against their client, Chris Hurley's legal team referred the song to Queensland's Attorney-General, Kerry Shine
Kerry Shine
Kerry Gerard Shine is the Australian Labor Party representative of the seat of Toowoomba North in the Queensland Legislative Assembly.He first ran for election in the 1998 state election...
, in an attempt to get the song banned or the lyrics changed.
The band's management claimed that while the lyrics of the song reference the Chris Hurley case, that they were not specific enough to warrant a ban.
The band's response to the issue was to use an alternate version of "Black Tears" on the album, one that had differing lyrics to the originally intended version, but to keep the launch date the same as originally intended. In contrast to the report from the band's management, the band reports that the song was originally influenced by offences relating to people climbing the Australian attraction Uluru
Uluru
Uluru , also known as Ayers Rock, is a large sandstone rock formation in the southern part of the Northern Territory, central Australia. It lies south west of the nearest large town, Alice Springs; by road. Kata Tjuta and Uluru are the two major features of the Uluṟu-Kata Tjuṯa National Park....
(deemed sacred by indigenous Australians), acknowledging nothing relating to the legal case.
Timeline
| Timeline | |||||
|---|---|---|---|---|---|
| Date | Event | ||||
| 8 July 2003 |
Chris Hurley points out lack of alcohol diversionary program on Palm Island meaning that the only option for drunk and disorderly Palm Islanders is to take them to the watchhouse. | ||||
| 19 November 2004 |
Mulrunji, 36, dies in custody at Palm Island police station after being arrested for being drunk and causing a nuisance. | ||||
| 26 November 2004 |
Palm Islanders riot. Police officers seek refuge at the island's hospital and are airlifted to safety. Rioters burn down the police station, courthouse and the home of officer-in-charge Senior Sergeant Chris Hurley. | ||||
| 1 December 2004 |
State Coroner Michael Barnes orders a second autopsy be conducted. | ||||
| 3 December 2004 |
Private investigator hired to carry out an independent investigation into Mulrunji's death. | ||||
| 11 December 2004 |
Doomadgee funeral, Palm Island elders call for justice rather than division. | ||||
| 11 February 2005 |
Chris Hurley receives a confidential payout of A$102,955 from the Queensland Government. | ||||
| 28 February 2005 |
Coronial inquiry into Mulrunji's death begins. | ||||
| 1 March 2005 |
The inquest proceedings are stalled after allegations of bias are made against Mr Barnes. | ||||
| 4 March 2005 |
State Coroner Michael Barnes stands down from the inquiry after claims of bias. | ||||
| 30 March 2005 |
Second inquiry begins with Deputy Coroner Christine Clements as Acting Coroner. | ||||
| 27 February 2006 |
The inquest resumes on Palm Island for two days, and then for the following three days in Townsville | ||||
| 27 September 2006 |
Deputy Coroner Christine Clements finds Snr Sgt Hurley responsible for Mulrunji's fatal injuries. | ||||
| 7 October 2006 |
Senior Sgt Hurley stood down following the coroner's findings. | ||||
| 14 December 2006 |
Queensland Director of Public Prosecutions Leanne Clare announces that no charges will be laid against Senior Sergeant Chris Hurley over Mulrunji's death. | ||||
| 14 December 2006 |
Criminal Misconduct Commission announces that no disciplinary charges will be laid against Senior Sergeant Chris Hurley over Mulrunji's death. | ||||
| 4 January 2007 |
Former NSW chief justice Sir Laurence Street starts review of DPP's decision. | ||||
| 16 January 2007 |
Witness Patrick Bramwell hangs himself on Palm Island. | ||||
| 26 January 2007 |
Sir Laurence advises there is enough evidence to prosecute Snr Sgt Hurley, who is officially suspended. | ||||
| 5 February 2007 |
Snr Sgt Hurley faces Supreme Court charged with manslaughter and assault. | ||||
| 6 February 2007 |
Queensland police halt plans to march on state parliament over Snr Sgt Hurley being charged after Premier Peter Beattie accedes to demands for closed circuit cameras in watchhouses in Aboriginal communities. | ||||
| 16 March 2007 |
Justice Kerry Cullinane sets down a two-week trial to start on 12 June in the Townsville Supreme Court for Snr Sgt Hurley. | ||||
| 22 March 2007 |
William Neville Blackman, John Major Clumpoint, Dwayne Daniel Blanket, and Lance Gabriel Poynter are found not guilty of rioting with destruction by a Brisbane Supreme Court jury. | ||||
| April 2007 |
Crime and Misconduct Commission announces a review of policing in indigenous communities. | ||||
| 8 May 2007 |
Terrence Alfred Kidner sentenced to 16 months in jail in Townsville District Court after pleading guilty to rioting on Palm Island. | ||||
| 31 May 2007 |
Accused rioter Lex Wotton succeeds in Brisbane District Court application to be released from custody on bail with strict conditions, formally entering a plea of not guilty to rioting with destruction on Palm Island. | ||||
| 5 June 2007 |
State budget announces boost to police numbers in indigenous communities, more CCTV cameras for watchhouses. | ||||
| 10 June 2007 |
Queensland Police Minister announces an extra 29 police officers for indigenous communities. | ||||
| 12 June 2007 |
Hurley case begins in Townsville Supreme Court. Large group of Palm Islanders and police turns up to watch. | ||||
| 15 June 2007 |
Snr Sgt Hurley breaks silence, testifying in his own defence. Says he has come to terms with the fact he caused the death, but strongly denies any intention to cause harm. | ||||
| 20 June 2007 |
Jury acquits Hurley on manslaughter and assault charges. | ||||
| September 2008 |
Lawyers for Chris Hurley appeal to Queensland's District Court to overturn Deputy Coroner Christine Clement's 26 September 2006 findings that he had fatally injured Mulurunji | ||||
| 17 December 2008 |
Townsville District Court Judge Bob Pack hands down a ruling upholding Chris Hurley's appeal and ordering a fresh inquest in Mulurunji's death. | ||||
| 16 June 2009 |
Queensland Court of Appeal hands down a ruling affirming that the Coroner's findings be overturned, revealing that the Coroner's report failed to mention that medical evidence unequivocally rejected that punching could have caused the death, and ordering a fresh inquest in Mulurunji's death. | ||||
See also
- 2004 Redfern riots2004 Redfern riotsThe Redfern Riots on the evening of Saturday 14 February 2004 was an event in the inner Sydney suburb of Redfern sparked by the death of Thomas 'TJ' Hickey, a 17 year old Indigenous Australian....
- Aboriginal deaths in custodyAboriginal deaths in custodyAboriginal deaths in custody became a major issue because of a widespread perception that a disproportionate number of Indigenous Australians were dying in jail after being arrested by police...
- Institutional racismInstitutional racismInstitutional racism describes any kind of system of inequality based on race. It can occur in institutions such as public government bodies, private business corporations , and universities . The term was coined by Black Power activist Stokely Carmichael in the late 1960s...
- Mulrunji
- Royal Commission into Aboriginal Deaths in CustodyRoyal Commission into Aboriginal Deaths in CustodyThe Royal Commission into Aboriginal Deaths in Custody studied and reported on the high level of deaths of Aboriginal people whilst in custody after being arrested or convicted of committing crimes. This included suicide, natural causes, medical conditions and injuries caused by police...
- Trial of Lex WottonTrial of Lex WottonThe trial of Lex Wotton relates to the events surrounding the Townsville, Queensland proceedings in the Federal Magistrates Court concerning the actions taken by Palm Island Aboriginal Shire Council member Lex Wotton during the 26 November 2004 Palm Island riots.Lex Wotton was a two-time councillor...
External links
- Palm Island Select Committee Report Tabled (Hansard page 2764) in Parliament by Committee Chair Peter Lawlor MP 25 August 2005
- Coroner's report
- "Queensland Government response to coroner's comments in the inquest into the death of Mulrunji" Tabled (Hansard page 463) in Parliament by Premier BeattiePeter BeattiePeter Douglas Beattie , Australian politician, was the 36th Premier of the Australian state of Queensland for nine years and leader of the Australian Labor Party in that state for eleven and a half years...
2 November 2006 - Report by Sir Laurence Street
- Report of the Attorney General to the Legislative Assembly 18 July 2007 as required by Attorney-General Act 1999 Section 11
- Tropic of Despair, Sydney Morning Herald (3 December 2004) article on riot following release of a post-mortem examination of Mulrunji
- The Tall Man: Inside Palm Island's Heart of Darkness (March 2006) Walkley Award winning article on the death in custody of Mulrunji.