She decided that the inquest would start afresh on 29 March 2005, with a three-day directions hearing in Brisbane. [11], Initially 13 Palm Islanders were arrested and charged. The officer could not find a pulse. [13] He had spent the morning investigating complaints by sisters Gladys, Andrea and Anna Nugent that Roy Bramwell had assaulted them. U.S. Reports: Wright v. Georgia, 373 U.S. 284 (1963). Wotton initially pleaded guilty to the charge of rioting, and was found guilty at trial. 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. I think the current police leadership here at the moment with the current officer in charge is pretty OK, because he's more about community engaging," he said. Councillor Lacey agreed Palm Island was a different place now. 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. [18] 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. [23], An emergency situation was declared under the Public Safety Preservation Act 1986 (the Act) on the afternoon of the riot. Officers tried to barricade themselves as they were attacked with sticks and rocks, and told to leave the island. "We wanted to make certain there was law and order to protect the community.". [31] Barnes was assisted by two senior counsel. . An hour earlier he was very much alive, singing along the street. [20] The local courthouse, police station, Hurley's home and the police barracks were burned down. [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 Soon after the riot, the Queensland Police Union President Denis Fitzpatrick demanded the rioters be charged with attempted murder of 12 police. 13.05 MB. [32] Although he had not been involved in the investigation, Barnes was the officer who made the final determination that the complaints were unsubstantiated. Coronial inquiry into Mulrunji's death begins. 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. Mr Doomadgee died from massive internal injuries in a police cell on the island in November 2004. The inquest proceedings are stalled after allegations of bias are made against Mr Barnes. The death in custody led to three coronial inquests, a review by the Crime and Misconduct Commission in Queensland, two reviews by the QPS, criminal proceedings against Senior Sergeant Hurley in which he was acquitted of manslaughter, and litigation by police officers about potential disciplinary action against them. (Summary, supra. The injury may have been caused by Hurley falling on the deceased. The history wars famously involved the 'black armband view of history'; a pejorative phrase used by conservatives to attack historians who they thought focussed too much on the negative impact of colonisation on Australia's indigenous The officer, Senior Sergeant Chris Hurley, who was charged for a death in custody, was acquitted by the jury in June 2007. "It was an extraordinarily difficult circumstance," Mr Beattie told the ABC. dangerous driving in which shots were allegedly fired at a getaway car in May 2015. assaulting a female colleague in February 2016. [19] Subsequent to the autopsy report reading a succession of angry young Aboriginal men spoke to the crowd and encouraged immediate action be taken against the police. "Just hope nobody goes through that, what we went through, especially on this island.". "I think it did strain the relationship between Indigenous Queenslanders and the State Government for a considerable period of time - and it may well have done that permanently," he said. The memorial is now surrounded by tinsel, fairy lights, flowers and a turtle ornament, which represents Mr Doomadgee's hunting skills. This was accepted as a possible means by which the injury could have occurred". What happened in the 45 minutes from Doomadgee's arrest till his death should weigh heavily on Australian audiences. She awarded AU$220,000 (about US$164,000) in damages to the applicants. "[5], The raids, found to be racist, resulted in a record $30 million class action settlement. Ms Aplin said she never wanted to forget Mr Doomadgee. These works are also available for worldwide use and reuse under CC0 1.0 Universal. [38], The incident also resulted in an investigation by the Crime and Misconduct Commission (CMC). He believed that the evidence left room for a finding that a knee drop may have occurred. He was arrested by Senior Sargent Chris Hurley, accompanied by the Indigenous liaison police officer Lloyd Bengaroo, and was taken into custody. Whatever happened in the corridor of the Palm Island police station on November 19th 2004, there is enough evidence for the Deputy Coroner to find Chris Hurley responsible for Cameron Doomadgee's death. Conditions were imposed such as not being allowed to return to Palm Island, not even for the funeral of Mulrunji. [44] Hurley was found not guilty after medical evidence was given which discredited claims by other witnesses of an assault by Hurley upon Doomadgee. Yet two days after the Palm . Private investigator hired to carry out an independent investigation into Mulrunji's death. This page was last edited on 18 February 2023, at 19:37. At 11.20am on November 19, a 36-year-old Aboriginal man, Cameron Doomadgee, died in the police watch-house on Palm Island, 70km north of Townsville. 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. This service may include material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service which is copyright and cannot be reproduced. Mr Stewart said several measures had been put in place to repair the damaged relationships. Doomadgee died a painful death on the floor of a police cell on the island, a former penal institution for Aboriginal people, less than an hour after being locked up, for no good reason, by. In 2007 Brisbane-based band Powderfinger wrote a song Black Tears which mentioned the Palm Island death in custody by the words "An island watch-house bed, a black man's lying dead". The 2004 Palm Island death in custody incident relates to the death of an Aboriginal resident of Palm Island, Cameron Doomadgee (also known as "Mulrunji") on Friday, 19 November 2004 in a police cell. Queensland Police Union President Denis Fitzpatrick demanded the rioters be charged with attempted murder of 12 police. Residents report officers pointing guns at children's heads and being tasered. [53] Prosecutor Peter Davis suggested that this (the fact of giving a shorter estimate in court not the out of court attempt to get a more accurate estimate) was an attempt to sabotage prosecutors. a convenience, and may not be complete or accurate. The song was to be released as part of their 2007 album Dream Days at the Hotel Existence. Eighteen local police had to repeatedly retreat; firstly receding from the station to the residential barracks, then when the barracks were also set alight they (and their families) withdrew to the hospital and barricaded themselves in. [31], Barnes had previously been the Aboriginal Legal Aid solicitor for two families before the Royal Commission into Aboriginal Deaths in Custody. [90], On 1 March 2005 the CMC 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. A riot erupted involving an estimated 400 people, half of them school children. ", "[I] come out every night, just sitting down [beside the memorial]. In response, residents took to the streets and burnt down buildings, including the police station. On November 19th 2004, Cameron Doomadgee, also known as Mulrunji, was arrested for allegedly causing a public nuisance. Second inquiry begins with Deputy Coroner Christine Clements as Acting Coroner. In achieving these objectives, issues such as drug and alcohol abuse and unemployment would also be addressed.[56]. Complaints were made that Aboriginal Legal Aid had been denied access to the Island. [8], For the following week public meetings were held on the Island due to anger rising in the community about the death. [11][16], As the riot occurred during the school lunch break, it was witnessed by many children. [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. [5], The raids resulted in a record A$30 million class action settlement and a formal apology to be made by the State Government. 6, 2019) On February 27, 2019, the Queensland Parliament passed the Human Rights Bill 2018 (Qld), making it the third jurisdiction in Australia to enshrine human rights protections in such legislation. (Sept. 30, 2014) On September 24, 2014, the Australian Attorney-General, George Brandis, introduced the Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014 in the Senate. (Racial Discrimination Act 1975 (Cth). A 36 year old Aboriginal man, Cameron Doomadgee, is arrested for swearing at a police officer. After a long battle Agnes' discovery is finally published, but this does not put an end to the twins' travels. 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. However, Leafe said he believed Hurley's prosecution was a cynical political exercise. Ms Aplin said it hurt her that deaths in police custody were still occurring. Terrence Alfred Kidner sentenced to 16 months in jail in Townsville District Court after pleading guilty to rioting on Palm Island. Their report[55] was tabled on 25 August 2005. [22], Police actions were later found to breach the Racial Discrimination Act 1975, with the raids being "unnecessary, disproportionate" and police having "acted in these ways because they were dealing with an Aboriginal community". They appeared before the Townsville Magistrates Court on Monday 29 November 2004, the first business day after the riot. The strong police presence was not welcome on the island. You see terrible things happening to people without any remedies and theres so much disillusionment in the Indigenous community because they just dont get a fair go under our legal system. (Palm Island Riots: Federal Court Finds Police Acted with Impunity in Racial Discrimination Lawsuit,supra.) On November 19th 2004, Cameron Doomadgee, also known as Mulrunji, was arrested for allegedly causing a public nuisance. The government report described Doomadgee as the 'worst example of the ills of the dormitory system', and referred to Doomadgee girls as being 'most severely restrained': Queensland State Archives, file 1D/133, memo dated 19.6.1950 from the Deputy Director of Native Affairs regarding Doomadgee Mission; see also Queensland, Annual Report of the Rioters burn down the police station, courthouse and the home of officer-in-charge Senior Sergeant Chris Hurley. Tall Man, the Death of Doomadgee Hardcover - January 1, 2009 by Chloe Hooper (Author) 79 ratings Hardcover $14.91 7 Used from $7.13 Paperback $4.72 8 Used from $4.72 6 New from $21.40 Mass Market Paperback $24.02 1 Used from $5.98 2 New from $24.02 Chloe Harper Language English Publisher Scribner Publication date January 1, 2009 Dimensions The racial aspects of the story are alarming, so too is the idea that police can act with impunity. "I think that's something at the end of the day that we have to live with.". The case arose from the 2004 death in custody of Mulrunji, previously known as Cameron Doomadgee, whose treatment sparked riots on the island. Australia: Police Response to Aboriginal Death in Custody and Ensuing Riot Ruled Discriminatory. Web Page. Snr Sgt Hurley faces Supreme Court charged with manslaughter and assault. [23], Premier Peter Beattie visited Palm Island on Sunday 28 November, producing a five-point plan to restore order to local leaders. [11] 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".[11]. 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. It detailed 65 recommendations which seek to reduce violence and overcrowding, and improve standards of education and health. Chris Hurley faced disciplinary actions after being transferred to the Gold Coast including for: A resident and his partner were later awarded $235,000 compensation for assault, battery and false imprisonment. "The kids that roam the streets at night, they would have wrecked it. [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. At the age of 63 they set off for one more trip to Mount Sinai. "The mischief lies in what was an abandonment of the truth to avoid the possibility of short-term political embarrassment. [72][73][74], In 2012 filmmaker Tony Krawitz, won the Walkley Foundation Long-form Journalism: Documentary award for his documentary film based on Hooper's book, titled The Tall Man. Hurley drove her to the house in the police vehicle. Publications of the Library of Congress are works of the United States Government as defined in theUnited States Code 17 U.S.C. [92], The adverse finding was based on a media statement to The Australian which made the positive statement; "we agreed to assist with the airline bookings on the understanding that they would pick up the cost" when it was known at the time by the Minister that the possibility of the airfares being repaid was only mooted after the tickets had been booked. Police officers in riot gear wearing balaclavas with no identification, carrying large guns march into the community conducting early-morning raids. "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.". U.S. Reports: Shuttlesworth v. Birmingham, 394 U.S. 147 (1969). This book was first published in 2008. Australia: Police Response to Aboriginal Death in Custody and Ensuing Riot Ruled Discriminatory. Section 9(1) of the Act states that, [i]t is unlawful for a person to do any act involving a distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of any human right or fundamental freedom in the political, economic, social, cultural or any other field of public life. [citation needed], They noted that the Coroner did not refer to that evidence in her report. 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. Cameron Doomadgee (who was also known by his tribal name of Mulrunji) was a resident of Palm Island. Sir Laurence advises there is enough evidence to prosecute Snr Sgt Hurley, who is officially suspended. The police who had been stationed on the island indicated through the Union that they did not wish to return. The Magistrate determined that due to the "state of emergency" it would be too dangerous to allow the defendants to return to Palm Island, therefore bail was not considered. 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. ", In 2007 Tony Koch, The Australian'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.[67]. (Quebec (Commission (Mar. [95], By April 2007 it was reported that the PCYC Centre had become a great success, a place where young and old participate in numerous sporting, educational and cultural activities in a safe and comfortable environment, and the focal point of re-building positive relations between the police and the community.[96]. Here's what they think of a Voice to Parliament, Nationals join forces with farmers to oppose multi-billion-dollar Victoria-NSW renewable energy project, Prime minister says urgent care clinics will start relieving pressure on NT's busy emergency wards in coming months. Hurley medically retired from the Gold Coast station of the Queensland Police in 2017[2] following a string of charges while serving as a police officer including assault and dangerous driving. The Court did not accept that inevitably follows and pointed out that Bramwell's evidence could be said not to "leave room for such an occurrence". 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 Coroner later stated that the autopsy was "far too sensitive and private" to be publicly released. State Coroner Michael Barnes orders a second autopsy be conducted. Cameron Doomadgee died at the age of 36. The main suspect was Senior Sergeant Christopher Hurley, a charismatic cop with long . He and the policeman who booked him became the centerpieces of causes- for those seeking redress for the mistreatment of aboriginal people, and for those sympathetic to the problems of . ), The applicants in the case were Lex Wotton, his partner Cecilia Wotton, and his mother Agnes Wotton. He was taken into custody by Senior Sargeant Chris Hurley, accompanied by the Indigenous Liaison Police officer Lloyd Bengaroo. "Everyone was angry," he said. Almost 10 years ago Cameron Doomadgee died in police custody on Palm Island. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. / We also acknowledge all those who lost their lives in custody across Australia. It did list possible causes which included that the multiple injuries sustained could have been consistent with him falling off a concrete step at the Palm Island watchhouse. Queensland's then premier Peter Beattie declared a state of emergency and dozens of riot squad members were flown in to control the crowd. "There's no trust, but all you can do is work together to change things.". 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. 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. Cameron Doomadgee, 36, died in a police cell on November 19, 2004. [6], Later the same day approximately 80 additional police from Townsville and Cairns were flown to Palm Island to restore order. ), Mulrunjis autopsy showed that he died of major internal injuries. [12], Doomadgee family spokesman, Brad Foster, claimed that after the men had been put into the cells, fifteen minutes lapsed before a seven-second check was done on the inmates. Gladys requested that Hurley accompany her so that she could safely get medication from Bramwell's house. This page is not available in other languages. Black Lives Matter protests have dominated international headlines this year. [16], The volatile situation was attributed to the lack of consultation with the family and community combined with the premature public release of the autopsy report. "That was a bit sad for us to see all that still going on," Ms Aplin said. (Wotton v State of Queensland (No 5) [2016] FCA 1457, Federal Court of Australia website.) The media and the Beattie government ignored Doomadgee's death when it happened on November 19. He found that the injuries could have been caused by Hurley accidentally falling on top of Mulrunji, or by the officer "dropping a knee into his torso". On the day the autopsy results were read out, Palm Island resident Lex Wotton led angry residents on a riot through the town. [59] Citations are generated automatically from bibliographic data as 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. Mulrunji's death was repeatedly branded "cold-blooded murder". Hours later he was dead from massive internal injuries including broken ribs and a ruptured spleen, and his liver was so badly damaged it was almost cleaved in two across his spine. Cameron Doomadgee's sisters says their brother's death was the first of several family tragedies and they are yet to come to terms with what they see as a terrible injustice. Says he has come to terms with the fact he caused the death, but strongly denies any intention to cause harm. Aboriginal activist Murrandoo Yanner and relative of the Doomadgee family was at the centre of controversy over his calls for Aboriginal people to bash all "racist cops" and for all police stations to be burnt. It was lifted two days later, just before the Premier's arrival. Within an hour Mr Doomadgee was found dead in a cell at Palm Island police station. Mr Wotton was later convicted of inciting a riot and served 19 months in jail before being released on parole, which he only completed earlier this year. [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. Mulrunji was affected by alcohol and struggled with Hurley, leading to a fall near the door to the police station. Cameron Doomadgee was picked up and arrested on November 19, 2004 for allegedly causing a public nuisance. The Minister Liddy Clark, who was a former Play School presenter, immediately resigned from the Cabinet to become a backbencher. They delayed Mulrunji's funeral and insisted that the Coroner order a second "independent autopsy" to be observed by a pathologist on behalf of the Doomadgee family. (Id. [91] Liddy Clark and the two ministerial staff denied deliberately misleading the public. Cameron Doomadgee's funeral on Palm Island in 2004. U.S. Reports: Dresner v. City of Tallahassee, 375 U.S. 136 (1963). In 2011 a documentary was made. (Bramwell was an exclusive witness for only 6 to 10 seconds, and volunteered incriminating evidence at the Coronial hearing that Hurley punched Mulrunji. In May, a third coronial inquest delivered an open finding but was highly critical of the police involvement in the case. ), The president of the Queensland Police Union disagreed with the ruling, saying that the police response was appropriate in the circumstances and [p]olice who serve in Indigenous communities are not racist, and purely because of someones Aboriginality do not treat anyone differently . "There'll always be distrust, regardless of what police authority is in town. Ms Aplin said she was grateful the council helped moved the rock just in time for this year's anniversary of Mr Doomadgee's death. [12][25] [68][69] Although band's management claimed that while the lyrics of the song reference the Chris Hurley case, that they were not specific enough to warrant a ban,[70] they changed the lyrics of the song before releasing the album. ), Essentially, the applicants claimed that the police officers conducted themselves differently because they were dealing with an Aboriginal community and the death of an Aboriginal man. (Summary, supra.). 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". [58], Sen. Sgt. When they learnt of his death, Palm Islanders rioted, and burnt the police station down. During this time no attempts were made to resuscitate the prisoner, although the autopsy found that there would have been no chance of saving him. [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. But Councillor Lacey said the islanders needed more time to deal with the past before that would be possible. [43], In June 2007 the Townsville-based trial of Chris Hurley on charges of assault and manslaughter took place. State Coroner Michael Barnes stands down from the inquiry after claims of bias. 16 barristers and solicitors appeared representing the Queensland Government, the Doomadgee family, the Human Rights and Equal Opportunity Commission and the Queensland Police Service. The resolution specifically asked that the Centre not be in the possession of the Police Citizens Youth Club Association or the Queensland Police Service. For further information, refer to Office of the State Coroner, Finding of Inquest: Inquest into the Death of Cameron Doomadgee, Townsville, COR 2857/04 (9), 27 September 2006; Office of the State Coroner, Finding of Inquest: Inquest into the Death of Cameron Doomadgee, Townsville, COR COR 2857/04(9), 14 May 2010.
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