a convenience, and may not be complete or accurate. Terrence Alfred Kidner sentenced to 16 months in jail in Townsville District Court after pleading guilty to rioting on Palm Island. 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. [48][49], In May 2009, Mulrunji's family's lawyers commenced proceeding in the Queensland Supreme Court, attempting to have Judge Pack's decision ruled invalid. [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]. U.S. Reports: Wright v. Georgia, 373 U.S. 284 (1963). 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. Publications of the Library of Congress are works of the United States Government as defined in theUnited States Code 17 U.S.C. They would have pulled everything off. [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. [11][16], A crowd headed initially for the police station. 105and therefore are not subject to copyright and are free to use and reuse. 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. [50] They further noted that the medical evidence before the Coroner allowed for the possibility that punches were one possible explanation for the facial injuries or bruises, but the medical evidence unequivocally rejected punching described by Bramwell as a cause of death. Police discriminated against Palm Island's Indigenous community (Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014, Parliament We observe International Women's Day by highlighting several Australian women who had key roles in bringing about a 1967 constitutional referendum related to indigenous people. "We've learnt each Indigenous community really needs its own guidance and induction package," he said. Queensland Director of Public Prosecutions Leanne Clare announces that no charges will be laid against Senior Sergeant Chris Hurley over Mulrunji's death. In 2011 a documentary was made. But Councillor Lacey said the islanders needed more time to deal with the past before that would be possible. Snr Sgt Hurley breaks silence, testifying in his own defence. 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". He is drunk, and as they arrive at the station he strikes Senior Sergeant Christopher Hurley in the face. The officer was later acquitted of manslaughter. He was locked up for being drunk and a public nuisance, and at the time of his arrest had no visible injuries. "The kids that roam the streets at night, they would have wrecked it. In response an angry mob burned down the police . The racial aspects of the story are alarming, so too is the idea that police can act with impunity. "Just hope nobody goes through that, what we went through, especially on this island.". The injury may have been caused by Hurley falling on the deceased. [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..". Police officers in riot gear wearing balaclavas with no identification, carrying large guns march into the community conducting early-morning raids. 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. Mr Stewart said several measures had been put in place to repair the damaged relationships. [30], On 8 February 2005 an initial one-day directions hearing for a full coronial inquiry into the death in custody was held. 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 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. 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. Hurley drove over to Mulrunji and arrested him for creating a public nuisance,[14] after which Mulrunji was taken in the back of the police vehicle for the short trip to the police station. (Summary,supra.). 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. Included in the duties of the CMC is investigating allegations of police misconduct. Chris Hurley received a confidential payout of A$100,000 from the Queensland Government in February 2005. What really happened to Cameron Doomadgee? 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. The directions hearing was held in a marquee, because there were no premises on the island large enough for the expected audience. After others were acquitted, he successfully challenged the legal proceedings and withdrew his guilty plea in May 2007. Doomadgee funeral, Palm Island elders call for justice rather than division. PDF Office of The State Coroner Finding of Inquest The judge in the case, Justice Debbie Mortimer, upheld a number of the applicants claims regarding contraventions of section 9(1), but not all of them. Sir Laurence advises there is enough evidence to prosecute Snr Sgt Hurley, who is officially suspended. A resident and his partner were later awarded A$235,000 in compensation for assault, battery and false imprisonment. State Coroner Michael Barnes stands down from the inquiry after claims of bias. At trial he only gave his revised estimate. (Palm Island Riots: Federal Court Finds Police Acted with Impunity in Racial Discrimination Lawsuit,supra.) (Dec. 9, 2016) On December 5, 2016, the Federal Court of Australia found in favor of an Aboriginal community from Palm Island, Queensland, in a class action case involving claims that officers of the Queensland Police Service (QPS) engaged in racial discrimination in responding to a riot that took place in 2004 following the death of an Aboriginal man in police custody. [20] The local courthouse, police station, Hurley's home and the police barracks were burned down. "It was an extraordinarily difficult circumstance," Mr Beattie told the ABC. [5], The raids resulted in a record A$30 million class action settlement and a formal apology to be made by the State Government. Citations are generated automatically from bibliographic data as 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 Police response to Palm Island Aboriginal death in custody ruled 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. [8], The Doomadgee family later stated that the Queensland Government's response had not been to provide counselling for the family but to send in 18 extra police from Townsville who "strut around this community, looking intimidating". Hurley drove her to the house in the police vehicle. Police began taking statements from witnesses. He was taken into custody by Senior Sargeant Chris Hurley, accompanied by . Gladys requested that Hurley accompany her so that she could safely get medication from Bramwell's house. 16 barristers and solicitors appeared representing the Queensland Government, the Doomadgee family, the Human Rights and Equal Opportunity Commission and the Queensland Police Service. Mr Doomadgee died from massive internal injuries in a police cell on the island in November 2004. Mulrunji visited his new baby niece early on the morning of 19 November 2004; He was drinking beer at the time but was not considered to be drunk; He was carrying a bucket with a mud crab which he was going to sell; He then walked from his mother and sister's house to Dee Street where he was picked up; He was walking along the street singing ". [41], The review resulted in the overturning of the DPP's decision, with Street finding there was sufficient evidence to prosecute Hurley with manslaughter. "But the history's never going to go away - it hasn't gone away for the last decade, it will continue on.". [44] Hurley was found not guilty after medical evidence was given which discredited claims by other witnesses of an assault by Hurley upon Doomadgee. The family also hired a private investigator to conduct an independent investigation of the death. 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. ), 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.). [71], Within a month of Doomadgee's death, Hurley was transferred to the Gold Coast[2] where he medically retired in 2017, following a string of charges including assault and dangerous driving. [43], In June 2007 the Townsville-based trial of Chris Hurley on charges of assault and manslaughter took place. AEST = Australian Eastern Standard Time which is 10 hours ahead of GMT (Greenwich Mean Time), abc.net.au/news/palm-island-community-still-struggling-after-death-in-custody/5901028, Jock Zonfrillo remembered as an 'incredible chef' and icon of Australia's culinary landscape, Jock Zonfrillo, celebrated chef and judge on MasterChef Australia, dies aged 46, Russian freight train derails after being hit by explosive device, governor says, Donald Trump requests mistrial in rape accuser Carroll's civil case, Tony Abbott mounts attack on Voice after a spat with parliamentary committee, 'The worm goes global': Rita Ora wowed by Adelaide lobbyist's dancefloor moves, Female teacher admits sexual offences against teen student, fights 10 other charges, Major route into the Kokoda track appears to have been blockaded amid tour operator feud, New Zealand PM in favour of country becoming a republic, which he only completed earlier this year, US authorities 'auction' First Republic Bank after second biggest bank failure in history, Nurse driving home from shift among victims of triple-fatal crash involving allegedly stolen car, Lauren Cranston jailed for eight years over one of Australia's biggest tax frauds, 'They will forever know their dad was a hero': 1,000 mourners farewell slain NSW paramedic, Family of man shot dead by police question why they weren't called in to help, There are 11 First Nations MPs and senators. Two legal questions arose from the death; firstly, whether the taking into custody of Mulrunji was lawful, and secondly, whether the injuries that led to his death were illegally caused by the arresting officer. Even the (Aboriginal) volunteer fire brigade had stones thrown at them while they tried to put out the courthouse and police station fires. "We wouldn't have [decorated] it down there," Ms Aplin said. 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. [40] Former Chief Justice of the Supreme Court of New South Wales, Sir Laurence Street, was selected to review the decision not to charge Hurley over the death of Mulrunji. Source: AAP November 2004 In response, residents took to the streets and burnt down buildings, including the police station. He said that due to the unreliability of police and Aboriginal witnesses he could not make a definitive finding. Doomadgee family still haunted by Palm Island death ten years on The police who had been stationed on the island indicated through the Union that they did not wish to return. (Federal Court of Australia, Wotton v State of Queensland (No 5) [2016] FCA 1457: Summary (Mortimer J, Dec. 5, 2016), Federal Court of Australia website. Coronial inquiry into Mulrunji's death begins. [12] On the first day of the inquiry the Coroner also disclosed that he had headed the complaints section of the Criminal Justice Commission in the early 1990s, when several complaints had been made about Hurley, but he had not handled the investigation and could not remember the complaints. The officer could not find a pulse. At the age of 63 they set off for one more trip to Mount Sinai. When they learnt of his death, Palm Islanders rioted, and burnt the police station down. ", "[I] come out every night, just sitting down [beside the memorial]. / Now at peace / #blacklivesmatter#, In November 2020, the memorial was moved to the garden of his sister, Valmai Aplin, as it was getting vandalised by children in its earlier location, just before the anniversary of Mulrinji's death. 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. [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. Police Commissioner Ian Stewart admitted mistakes were made with the way the QPS handled the death in custody. (Id. 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. [27], Four people were prosecuted for the riot and were acquitted. The main suspect was Senior Sergeant Christopher Hurley, a charismatic cop with long . [71], In 2010, artist Vernon Ah Kee created a four-screen video installation at the Museum of Contemporary Art in Sydney, entitled Tall Man. 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. Cameron Doomadgee's funeral on Palm Island in 2004. That morning, he had been arrested near the police station after yelling out what the arresting officer,Senior Sergeant Chris Hurley, considered to be abuse directed at Hurley and an Aboriginal police liaison officer who was also on duty. The Coroner later stated that the autopsy was "far too sensitive and private" to be publicly released. 2016. He appeared intoxicated and was swearing at the police. [8], The arresting officer, Senior Sergeant Chris Hurley, and the Indigenous police liaison officer, Lloyd Bengaroo, were flown off the island the following Monday, after receiving death threats and Hurley's house being burned down. "And everyone also wanted a fair and impartial investigation into what really happened.". Wotton initially pleaded guilty to the charge of rioting, and was found guilty at trial. When alerted to this, Hurley came into the cell and thought he could detect a pulse. She said she never wanted it placed at the police station and requested it be moved because children were damaging it. "The mischief lies in what was an abandonment of the truth to avoid the possibility of short-term political embarrassment. It was reasoned that if they stayed in a different community in Townsville there was a low likelihood of re-offending. 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. (Jan. 2, 2020) On December 18, 2019, the New Zealand Parliament passed historic legislation that pardons Rua Knana, a pacifist religious prophet from theTuhoe iwi (tribe) who was convicted inAugust 1916 of (July 30, 2015) On July 23, 2015, the Supreme Court of Canada rejected the appeal of a Pakistani Canadian pilot in a discrimination case filed against Bombardier, an aerospace company. The Tall Man - Host a Screening | SBS NITV [50], On 14 May 2010 a new full coronial inquiry into the death in custody concluded. 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. Ms Aplin said she never wanted to forget Mr Doomadgee. [63] Wilkinson later publicly apologised and pleaded guilty to the contempt. [1] The death of Mulrunji led to civic disturbances on the island and a legal, political and media sensation that continued for fourteen years. Large group of Palm Islanders and police turns up to watch. 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. [26], By 6 December 2004, 19 accused were granted bail by the Queensland Chief Magistrate. In 2008 journalist and novelist Chloe Hooper, published the book The Tall Man: Death and Life on Palm Island, which won multiple awards in 2009. Review: The Tall Man - Trespass Magazine 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". (Palm Island Death in Custody Timeline, SYDNEY MORNING HERALD (June 20, 2007). 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 . ), Wotton was later convicted of inciting a riot and served 19 months in prison before being released on parole. While Gladys retrieved her medication, Patrick Bramwell was outside. [8], For the following week public meetings were held on the Island due to anger rising in the community about the death. These works are also available for worldwide use and reuse under CC0 1.0 Universal. The coroners preliminary report found that Mulrunji died after falling over a step. [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. The Tall Man: Probing a prisoner's death on Australia's Palm Island Another notable condition of bail was that they were not to attend rallies or marches over the death in custody. "Everyone in the end really wanted to know what really happened. [34], After Coroner Clements made her findings but before they were overturned by the District and Supreme Courts as being inconsistent with the evidence QPU President Gary Wilkinson was highly critical. The only people who deserve an apology are the police officers who were in the police station whilst it was being burnt down. (Id. In May, a third coronial inquest delivered an open finding but was highly critical of the police involvement in the case. Jury acquits Hurley on manslaughter and assault charges. "[91], Some months after the riot the 24-member Labor Party (ALP) branch on Palm Island publicly revolted against Queensland Premier Peter Beattie, writing a letter to him through local State Member Mike Reynolds outlining grievances against the State Government Labor Party administration. "I don't regret what happened at that particular time," he said. [59] 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. In mid-February 2005 Chris Hurley resumed duties after three months on paid leave. Additionally the Palm Island Council moved a resolution asking that the Centre not be opened until its use and occupancy could be agreed upon between the State and Local Governments. During the directions hearing the Doomadgee family requested that the deceased be referred to by his tribal name "Mulrunji" in line with Aboriginal custom, which was not opposed. Mayor 'disappointed' with CMC's Palm Island death findings Mulrunji was affected by alcohol and struggled with Hurley, leading to a fall near the door to the police station. The subsequent trial of Senior Sergeant Chris Hurley - who had been decorated . [31] Barnes was assisted by two senior counsel. 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. Australia: Police Response to Aboriginal Death in Custody and Ensuing Riot Ruled Discriminatory. The Attorney-General of Queensland, Kerry Shine, indicted an Australian police officer for a criminal trial for the first time since the public prosecutor's office was established. 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". Snr Sgt Hurley faces Supreme Court charged with manslaughter and assault. Island residents marched from the town square and burnt down the police station, court house and police houses. This book was first published in 2008. 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. The strong police presence was not welcome on the island. And while the book is about Cameron Doomadgee's death in custody, it is also about some of the issues that permeate relationships between Indigenous and European Australians. The officer, Senior Sergeant Chris Hurley, who was charged for a death in custody, was acquitted by the jury in June 2007. 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". 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 His name was Cameron Doomadgee, and in her new book, "Tall Man," Chloe Hooper sets out to tell his story. 13.05 MB. Palm Island Mayor Alf Lacey said it had been difficult to rebuild trust between police and residents in the years since then. 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. U.S. Reports: Hamm v. City of Rock Hill, 379 U.S. 306 (1964). November 19: Cameron Doomadgee, 36, dies in custody at Palm Island police station after being . [94] When the Premier opened the centre he was met with a generally hostile reception. Tall Man - RMHealey Lex Wotton speaks out - Law Report - ABC Radio National [91] Liddy Clark and the two ministerial staff denied deliberately misleading the public. Cars and machinery were driven onto the runway, blocking all aircraft movement. On November 19th 2004, Cameron Doomadgee, also known as Mulrunji, was arrested for allegedly causing a public nuisance. [10], An autopsy report by Coroner Michael Barnes was produced for the family one week after the death. A damning 2016 Federal Court ruling found the Queensland Police breached the Racial Discrimination Act with its investigation into his death and subsequent unrest on the island. Mulrunji was found dead in his cell hours after. Councillor Lacey agreed Palm Island was a different place now. It explores what happened when Cameron Doomadgee, a 36-yr old Indigenous man was found dead in a Palm Island police station, with injuries that didn't reasonably fit with tripping into the station's step, as the Police had claimed. The Palm Islanders rioted and burnt down the police station. Cameron Doomadgee was picked up and arrested on November 19, 2004 for allegedly causing a public nuisance. Justice Kerry Cullinane sets down a two-week trial to start on 12 June in the Townsville Supreme Court for Snr Sgt Hurley. After the trial concluded the Union released advertisements against the Beattie Queensland government, comparing the government to Robert Mugabe and his government. The letter even hinted at a desire among members to defect to the Liberal Party, stating that under Labor living conditions have not improved on the island, and life expectancy had fallen. [39] Included in the allegations made against Hurley was that he wrongfully caused the death of Mulrunji. Cameron Doomadgee (who was also known by his tribal name of Mulrunji) was a resident of Palm Island. ), 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 . [32] Although he had not been involved in the investigation, Barnes was the officer who made the final determination that the complaints were unsubstantiated. [Web Page] Retrieved from the Library of Congress, https://www.loc.gov/item/global-legal-monitor/2016-12-09/australia-police-response-to-aboriginal-death-in-custody-and-ensuing-riot-ruled-discriminatory/. [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. Yet two days after the Palm . [16] Part of the flown in police contingent was the tactical response group who wore riot shields, balaclavas and helmets with face-masks, Glock pistol at the hip and a shotgun or semi-automatic rifle in their right hand. Queensland's then premier Peter Beattie declared a state of emergency and dozens of riot squad members were flown in to control the crowd.