[3][4][2], In 2010, Hurley was forced to repay $34,980 in insurance payments after allegations of insurance fraud following the 2004 riot.[75]. 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. Chris Hurley receives a confidential payout of A$102,955 from the Queensland Government. 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. [23], An emergency situation was declared under the Public Safety Preservation Act 1986 (the Act) on the afternoon of the riot. 2004 Palm Island death in custody - Wikipedia [43], In June 2007 the Townsville-based trial of Chris Hurley on charges of assault and manslaughter took place. [84], Then Queensland Indigenous Policy Minister Liddy Clark 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. It was reasoned that if they stayed in a different community in Townsville there was a low likelihood of re-offending. Cameron Doomadgee's funeral on Palm Island in 2004. These works are also available for worldwide use and reuse under CC0 1.0 Universal. [50], The Court noted that because Bramwell did not have a clear view of the incident, the Coroner concluded that the punches described by Bramwell hit the abdomen or torso of the deceased rather than the head, and this caused the death. [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. PDF The death of Mulrunji Doomadgee and the illusion of postcolonial Australia He was then dragged limp and unresponsive into a cell and died within the next hour. Witness Patrick Bramwell hangs himself on Palm Island. The judgement summary read officers broke into houses "with assault rifles raised, confronting unarmed men, women and children". 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". Palm Island is a picturesque haven of sweeping coastlines and vibrant rainforests. Timeline in the Doomadgee case - Brisbane Times A number of others involved in the riot also faced criminal proceedings. I have found they conducted themselves, including Senior Sergeant Hurley while he was there, with a sense of impunity, impervious to the reactions and perceptions of Palm Islanders who were, in large numbers, distressed and agitated about the death of Mulrunji. Australia: Police Response to Aboriginal Death in Custody and Ensuing Riot Ruled Discriminatory. 13.05 MB. Gladys requested that Hurley accompany her so that she could safely get medication from Bramwell's house. 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. "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.". [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. Children witnessed their parents being arrested and taken to Townsville for committing crimes such as public drunkenness and common assault. Police officers in riot gear, wearing balaclavas, with no identification and carrying large guns, marched into the community, conducting early-morning raids. 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. 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. Review: The Tall Man - Trespass Magazine This book was first published in 2008. [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..". [23] Former Premier Wayne Goss dismissed as "cheap politics" the union's demand for attempted murder charges to be laid, he said their comments since the death in custody had been consistently unhelpful. (Racial Discrimination Act 1975 (Cth). The sister of an Aboriginal man whose death in custody sparked the 2004 Palm Island riot says the relocation of a memorial rock from the island's police station has encouraged healing. Hurley case begins in Townsville Supreme Court. [32] Although he had not been involved in the investigation, Barnes was the officer who made the final determination that the complaints were unsubstantiated. [35], The coroner also said that Mulrunji should not have been arrested, and that local police had not learned from the findings of the Royal Commission. Deputy Coroner Christine Clements finds Snr Sgt Hurley responsible for Mulrunji's fatal injuries. [71], In 2010, artist Vernon Ah Kee created a four-screen video installation at the Museum of Contemporary Art in Sydney, entitled Tall Man. [23] The Palm Islanders faced charges of riot, arson and assault. Mulrunji's death was repeatedly branded "cold-blooded murder". Buchanan, Kelly. Black Lives Matter protests have dominated international headlines this year. The officer was later acquitted of manslaughter. [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. [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. Officers preferred confrontation to engagement and operated very much with an us and them, 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. On the day the autopsy results were read out, Palm Island resident Lex Wotton led angry residents on a riot through the town. PDF Office of The State Coroner Finding of Inquest The resolution specifically asked that the Centre not be in the possession of the Police Citizens Youth Club Association or the Queensland Police Service. [13], When Mulrunji's sister brought lunch for him to the front section of the police station, she was not informed of events and was told to leave. Their report[55] was tabled on 25 August 2005. [54], In his findings, Coroner Brian Hine disagreed with the Supreme Court of Appeal regarding the knee drop. (Bramwell was an exclusive witness for only 6 to 10 seconds, and volunteered incriminating evidence at the Coronial hearing that Hurley punched Mulrunji. In response to the findings, riots break out on the island. "The kids that roam the streets at night, they would have wrecked it. [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 2016. the inappropriate and partial treatment of SS Hurley; the conduct of DSS Kitching in relation to the autopsy report; the failure to communicate with Palm Islanders and defuse tensions in the intervening week between Mulrunjis death and the protests and fires; the making and continuation of the emergency declaration after the evening of 26 November 2004; and, the arrests, entries and searches of the houses of the applicants and the subgroup members. [58], Sen. Sgt. [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. This page was last edited on 18 February 2023, at 19:37. [52], In April 2005, Premier Beattie established the Palm Island Select Committee to investigate issues leading to the riot and other problems. She also accused the police of failing to investigate his death fully. I have found they conducted themselves, including Senior Sergeant Hurley while he was there, with a sense of impunity, impervious to the reactions and perceptions of Palm Islanders who were, in large numbers, distressed and agitated about the death of Mulrunji. Australia: Police Response to Aboriginal Death in Custody and Ensuing Riot Ruled Discriminatory. When alerted to this, Hurley came into the cell and thought he could detect a pulse. Even the (Aboriginal) volunteer fire brigade had stones thrown at them while they tried to put out the courthouse and police station fires. [8] The videotape footage from the cell shows Hurley checking for breathing and pulse then "sliding down the wall of the cell until he sat with his face in his hands". On 19 November 2004 he was found dead in a cell in the police station on Palm Island. That morning, he had been arrested near the police station after yelling out what the arresting officer, Senior Sergeant Chris Hurley, considered to be abuse directed at Hurley and an Aboriginal police liaison officer who was also on duty. 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. Later the timing of the "emergency" was disputed by lawyers for the Palm Island community. When they learnt of his death, Palm Islanders rioted, and burnt the police station down. [6], In 2020 a memorial plaque to Mulrinji was erected by Palm Island Aboriginal Council outside the police station on Palm Island, reading:[84].mw-parser-output .templatequote{overflow:hidden;margin:1em 0;padding:0 40px}.mw-parser-output .templatequote .templatequotecite{line-height:1.5em;text-align:left;padding-left:1.6em;margin-top:0}, In memory of Mulrinji / whose life was tragically taken on 19th November 2004. He said that due to the unreliability of police and Aboriginal witnesses he could not make a definitive finding. 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. Cameron Doomadgee, an Aboriginal Australian, was aged 36 when he died, at about 11:20am on Palm Island, one hour after being picked up for allegedly causing a public nuisance. 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. [91] Liddy Clark and the two ministerial staff denied deliberately misleading the public. [21], Numerous police officers were flown into Palm Island following the riot. Residents accused Senior Sergeant Hurley of murder, but he was acquitted of manslaughter in 2007 by an all-white jury. The three brought the case on behalf of a group of people affected, they allege, by unlawful race discrimination of QPS officers during the period from November 19 to 28, 2004. 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 . Queensland Director of Public Prosecutions Leanne Clare announces that no charges will be laid against Senior Sergeant Chris Hurley over Mulrunji's death. His name was Cameron Doomadgee, and in her new book, "Tall Man," Chloe Hooper sets out to tell his story. The injury may have been caused by Hurley falling on the deceased. [34], In late September 2006, Clements found that Doomadgee was killed as a result of punches by Hurley. Palm Island verdict: 12 years in the making | SBS News Retrieved from the Library of Congress,
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