16 barristers and solicitors appeared representing the Queensland Government, the Doomadgee family, the Human Rights and Equal Opportunity Commission and the Queensland Police Service. Family of Palm Island man who died in police custody relieved memorial has new home. ", 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]. [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. He said that due to the unreliability of police and Aboriginal witnesses he could not make a definitive finding. Criminal Misconduct Commission announces that no disciplinary charges will be laid against Senior Sergeant Chris Hurley over Mulrunji's death. [36], Leanne Clare, the Queensland Director of Public Prosecutions (DPP), announced on 14 December 2006 that no charges would be laid as there was no evidence proving that Hurley was responsible for Mulrunji's death. [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. 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. Included in the duties of the CMC is investigating allegations of police misconduct. His name was Cameron Doomadgee, and in her new book, "Tall Man," Chloe Hooper sets out to tell his story. 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. This was accepted as a possible means by which the injury could have occurred". Police response to Palm Island Aboriginal death in custody ruled [20] The local courthouse, police station, Hurley's home and the police barracks were burned down. Queensland Police Union President Denis Fitzpatrick demanded the rioters be charged with attempted murder of 12 police. The autopsy report was medical and did not state what caused his death. 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". I want people to have love". Forty minutes later he was dead in the jailhouse. [34], In late September 2006, Clements found that Doomadgee was killed as a result of punches by Hurley. ), The Court was asked to decide whether, in the police investigation into Mulrunjis death, in the management of community concerns, tensions and anger on Palm Island in the week after his death, and in the police responses to protests and fires that occurred on 26 November 2004, officers of the QPS contravened section 9(1) of the Racial Discrimination Act 1975 (Cth). (Id.) [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". He was taken into custody by Senior Sargeant Chris Hurley, accompanied by . Residents report officers pointing guns at children's heads and being tasered. "There'll always be distrust, regardless of what police authority is in town. Chris Hurley received a confidential payout of A$100,000 from the Queensland Government in February 2005. The memorial is now surrounded by tinsel, fairy lights, flowers and a turtle ornament, which represents Mr Doomadgee's hunting skills. 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. However, he found that Hurley punched Mulrunji in the face and abused him while attempting to get him into the station, and found that police colluded to protect Hurley. [5], The raids resulted in a record A$30 million class action settlement and a formal apology to be made by the State Government. Palm Island still struggling with death in custody 10 years on 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. Doomadgee family still haunted by Palm Island death ten years on 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. (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. It has even been earmarked by the State Government for development into a tourism mecca. The Tall Man: Probing a prisoner's death on Australia's Palm Island Retrieved from the Library of Congress, . Gladys requested that Hurley accompany her so that she could safely get medication from Bramwell's house. 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. Soon after the riot, the Queensland Police Union President Denis Fitzpatrick demanded the rioters be charged with attempted murder of 12 police. Forty-two minutes later a second police officer observed that Mulrunji was a strange colour and was cold to the touch. [31] Barnes was assisted by two senior counsel. 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. Jury acquits Hurley on manslaughter and assault charges. 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. 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 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. [23], An emergency situation was declared under the Public Safety Preservation Act 1986 (the Act) on the afternoon of the riot. [71], In 2010, artist Vernon Ah Kee created a four-screen video installation at the Museum of Contemporary Art in Sydney, entitled Tall Man. [15] They converted the Bwgcolman Community School into a headquarters and sleeping barracks, and the St Michael's school bus was commandeered. [28], Lex Wotton was warned by a Brisbane court in 2006 to comply with the original conditions of bail, to discontinue his public appearances at rallies and marches. It's peaceful.". But as the story progresses the moral ground tilts. Police discriminated against Palm Island's Indigenous community 45 minutes later Cameron Doomadgee is dead, his liver cleaved in two as you might see after a fatal car crash. [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. The lawyers maintained two key points, firstly that the emergency could only last for as long as the riot itself and secondly the police did not have extended search and detain powers under the Act that they had relied upon. 105and therefore are not subject to copyright and are free to use and reuse. 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". 13.05 MB. [58], Sen. Sgt. The death of Mulrunji Doomadgee and the illusion of postcolonial Australia SARAH KEENAN REFERENCES 1. [15], During the weekend the tactical response group searched many homes. The Tall Man - Reading Australia Residents accused Senior Sergeant Hurley of murder, but he was acquitted of manslaughter in 2007 by an all-white jury. Terrence Alfred Kidner sentenced to 16 months in jail in Townsville District Court after pleading guilty to rioting on Palm Island. In his submissions to the Committee, Hurley pointed out the lack of an alcohol diversionary centre on Palm Island. 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 ". Rights and freedoms Defining Moments, 1945-present Palm Island: Police terror follows death in custody | Green Left 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. 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. In 2011 a documentary was made. The resolution specifically asked that the Centre not be in the possession of the Police Citizens Youth Club Association or the Queensland Police Service. He was locked up for being drunk and a public nuisance, and at the time of his arrest had no visible injuries. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. Cameron's brother Lloyd Doomadgee. [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. 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. Source: AAP November 2004 [11][16], A crowd headed initially for the police station. 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. [13] He had spent the morning investigating complaints by sisters Gladys, Andrea and Anna Nugent that Roy Bramwell had assaulted them. These works are also available for worldwide use and reuse under CC0 1.0 Universal. Family of Palm Island man who died in police custody relieved - ABC [24], A total of 28 Indigenous Australians were arrested and charged with offences ranging from arson to riotous behaviour in the weeks following the riot. The police who had been stationed on the island indicated through the Union that they did not wish to return to Island duties. He was arrested by Senior Sargent Chris Hurley, accompanied by the Indigenous liaison police officer Lloyd Bengaroo, and was taken into custody. 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. Townsville District Court Judge Bob Pack hands down a ruling upholding Chris Hurley's appeal and ordering a fresh inquest in Mulurunji's death. Palm Island death in custody: Community still struggling to deal with memories 10 years on. The circumstances leading up to the riot were taken into consideration when bail was considered. Officers tried to barricade themselves as they were attacked with sticks and rocks, and told to leave the island. (, I have found that police acted in these ways because they were dealing with an Aboriginal community, and with the community of Palm Island in particular. [52], In April 2005, Premier Beattie established the Palm Island Select Committee to investigate issues leading to the riot and other problems. 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. "There will always be tension because there's not enough communication between police and community. [32] Although he had not been involved in the investigation, Barnes was the officer who made the final determination that the complaints were unsubstantiated. [27], Four people were prosecuted for the riot and were acquitted. He believed that the evidence left room for a finding that a knee drop may have occurred. [93][94], 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. Mulrunji, 36, dies in custody at Palm Island police station after being arrested for being drunk and causing a nuisance. Palm Island verdict: 12 years in the making | SBS News Tall Man: The Death of Doomadgee - Chloe Hooper - Google Books "Brought it up home and it made a big healing process for all of us," Ms Aplin said. "And everyone also wanted a fair and impartial investigation into what really happened.". Police began taking statements from witnesses. 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. In May, a third coronial inquest delivered an open finding but was highly critical of the police involvement in the case. From the time he was found unresponsive in that concrete. In achieving these objectives, issues such as drug and alcohol abuse and unemployment would also be addressed.[56]. . [64], After the Attorney General's decision to prosecute was made public members of the Union held rallies in every major city in Queensland protesting against the political intervention, and in support of Senior Sergeant Chris Hurley. [8], For the following week public meetings were held on the Island due to anger rising in the community about the death. Mr Doomadgee died from massive internal injuries in a police cell on the island in November 2004. Yanner and Foster refused to cooperate with the investigation. "That was a bit sad for us to see all that still going on," Ms Aplin said. 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. [43], In June 2007 the Townsville-based trial of Chris Hurley on charges of assault and manslaughter took place. 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. Police officers in riot gear, wearing balaclavas, with no identification and carrying large guns, marched into the community, conducting early-morning raids. [23], Premier Peter Beattie visited Palm Island on Sunday 28 November, producing a five-point plan to restore order to local leaders. [85], 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. (By comparison, even in 2012 a journalist publicly maintained the view that the medical consensus regarding the possibility the injury could have been caused during the fall was incorrect. 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. [3][4][2], Police raids and behaviour following the community riot were found to have breached the Racial Discrimination Act 1975,[5] with a record class action settlement of A$30 million awarded to victims in May 2018.[6][7]. Almost 10 years ago Cameron Doomadgee died in police custody on Palm Island. [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. "[5], The raids, found to be racist, resulted in a record $30 million class action settlement. 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. 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. / We also acknowledge all those who lost their lives in custody across Australia. Procedures for taking of statements from illiterate Aboriginal people were not followed, including the requirement to have a representative present who understands the process (preferably a legal representation). [29], Mulrunji's Family had suspicions about the results of the first autopsy by the Queensland government pathologist. 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 U.S. Reports: Dresner v. City of Tallahassee, 375 U.S. 136 (1963). On the day the autopsy results were read out, Palm Island resident Lex Wotton led angry residents on a riot through the town. [37] She reportedly received advice from former Supreme Court judge James B. Thomas before making this decision. The song was to be released as part of their 2007 album Dream Days at the Hotel Existence. "The mischief lies in what was an abandonment of the truth to avoid the possibility of short-term political embarrassment. Mr Wotton said many people still lacked trust in the police, but he acknowledged the effort was being made. 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. She awarded AU$220,000 (about US$164,000) in damages to the applicants. [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. [31], Barnes had previously been the Aboriginal Legal Aid solicitor for two families before the Royal Commission into Aboriginal Deaths in Custody. He was taken into custody by Senior Sargeant Chris Hurley, accompanied by the Indigenous Liaison Police officer Lloyd Bengaroo. 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. "We've learnt each Indigenous community really needs its own guidance and induction package," he said. Mulrunji was placed in the two-cell lockup which was the back section of the Palm Island Police Station. "I don't regret what happened at that particular time," he said. Cameron Doomadgee (who was also known by his tribal name of Mulrunji) was a resident of Palm Island. Although Prosecution were concerned with disciplinary proceedings rather than criminal court proceedings, the CMC reached the same conclusion as the DPP in relation to Hurley being criminally responsible for causing the death. [15], On Friday 26 November 2004 the results of the autopsy report were read to a public meeting by then Palm Island Council Chairwoman Erykah Kyle. [88] The CMC demanded that the Australian Broadcasting Corporation (ABC) hand over the tapes and backup tapes of particular interviews with Yanner and Foster which were central to the investigation, the interviews then had to be deleted from ABC audio and computers. "Without a doubt we learnt very many things from our response at Palm Island way back 10 years ago," he said. PDF Office of The State Coroner Finding of Inquest On November 19th 2004, Cameron Doomadgee, also known as Mulrunji, was arrested for allegedly causing a public nuisance. [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. 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. Forty minutes later, Cameron was found dead in his cell. He was ordered to pay costs with no other punishment. [1] The death of Mulrunji led to civic disturbances on the island and a legal, political and media sensation that continued for fourteen years. [41], The review resulted in the overturning of the DPP's decision, with Street finding there was sufficient evidence to prosecute Hurley with manslaughter. "I'd like to see it being a nice little, nice prosperous town, a lot of employment in the town, investment in the town. 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. [11][16] Hurley then reentered the car and talked with Bengaroo briefly. 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. State budget announces boost to police numbers in indigenous communities, more CCTV cameras for watchhouses. 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. However, Leafe said he believed Hurley's prosecution was a cynical political exercise. 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". It detailed 65 recommendations which seek to reduce violence and overcrowding, and improve standards of education and health. [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. [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. [33], The Coroner subsequently disqualified himself, and Deputy State Coroner Christine Clements flew to Townsville and took over. Politically, this event raised questions relating to the federal government's 19871991 Royal Commission into Aboriginal Deaths in Custody and whether its recommendations to prevent deaths in custody had been implemented by the government. Two young men commit suicide as a direct result of Doomadgee's death. "It has come a long way, it has improved. [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. ), The applicants in the case were Lex Wotton, his partner Cecilia Wotton, and his mother Agnes Wotton. 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 . A 36 year old Aboriginal man, Cameron Doomadgee, is arrested for swearing at a police officer. 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. dangerous driving in which shots were allegedly fired at a getaway car in May 2015. assaulting a female colleague in February 2016.
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