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. Main points from media reports after interviews with residents and relatives stated: Hurley is a white Australian who was also aged 36 at the time of the incident. (. 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. Hurley then reentered the car and talked with Bengaroo briefly. 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. [45] Public funded investigation and prosecution alone cost at least A$7 million. 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. "Everyone in the end really wanted to know what really happened. 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. Buchanan, Kelly. Mr Doomadgee died from massive internal injuries in a police cell on the island in November 2004. (, 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. Mr Stewart said several measures had been put in place to repair the damaged relationships. [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. Two young men commit suicide as a direct result of Doomadgee's death. It was reasoned that if they stayed in a different community in Townsville there was a low likelihood of re-offending. It was decided by Coroner Michael Barnes that the inquiry would take place on the island so that the people of Palm Island would have the opportunity to observe the process; however medical evidence and evidence given by police officers was to be taken in open court in Townsville due to logistical issues and safety concerns of the police. In his submissions to the Committee, Hurley pointed out the lack of an alcohol diversionary centre 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. [57], After the alleged rioters were granted bail Queensland Police Union President Denis Fitzpatrick criticized the magistrate's decision to grant bail saying that the safety of the community had been put last and that the decision amounted to a "betrayal" of the police. [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]. 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. [citation needed], They noted that the Coroner did not refer to that evidence in her report. [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. Black Lives Matter protests have dominated international headlines this year. [15], During the weekend the tactical response group searched many homes. [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. [52] During the course of the coronial enquiry it was revealed that a police witness Senior Sergeant Michael Leafe originally estimated that Hurley was alone with Mulrunji for 10 seconds but changed it to 6 or 7 seconds after reenacting his actions during that time and timing it on the request of Hurley's lawyer. 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. "I think it taught everyone to do a real audit on themselves, particularly the Queensland Police Service (QPS) to do an audit on its own self," he said. 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. Police officers in riot gear, wearing balaclavas, with no identification and carrying large guns, marched into the community, conducting early-morning raids. In 2004 on Palm Island, an Aboriginal settlement in the "Deep North" of Australia, a thirty-six-year-old man named Cameron Doomadgee was arrested for swearing at a white police officer. Snr Sgt Hurley breaks silence, testifying in his own defence. When the autopsy results were released, about a week after his death, Lex Wotton, an indigenous activist, led angry residents on a riot through the town. (Palm Island Riots: Federal Court Finds Police Acted with Impunity in Racial Discrimination Lawsuit, ABC NEWS (Dec. 5, 2016).) In mid-February 2005 Chris Hurley resumed duties after three months on paid leave. Gladys requested that Hurley accompany her so that she could safely get medication from Bramwell's house. I found this a confronting and uncomfortable read. In November 2004 a Palm Island man Cameron Doomadgee (Aboriginal name: Mulrunji) died in custody in a cell at the Palm Island police station after being picked up for allegedly causing a public nuisance. Chris Hurley received a confidential payout of A$100,000 from the Queensland Government in February 2005. ", 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]. [41], The review resulted in the overturning of the DPP's decision, with Street finding there was sufficient evidence to prosecute Hurley with manslaughter. The inquest resumes on Palm Island for two days, and then for the following three days in Townsville. There was much debate over the appropriateness of the police and government response to the riot. She also accused the police of failing to investigate his death fully. This book was first published in 2008. "Without a doubt we learnt very many things from our response at Palm Island way back 10 years ago," he said. 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. State budget announces boost to police numbers in indigenous communities, more CCTV cameras for watchhouses. 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. "And everyone also wanted a fair and impartial investigation into what really happened.". Cameron Doomadgee's funeral on Palm Island in 2004. What really happened to Cameron Doomadgee? 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". "There's no trust, but all you can do is work together to change things.". 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. Queensland Police Union President Denis Fitzpatrick demanded the rioters be charged with attempted murder of 12 police. The coroners preliminary report found that Mulrunji died after falling over a step. Citations are generated automatically from bibliographic data as Rioters burn down the police station, courthouse and the home of officer-in-charge Senior Sergeant Chris Hurley. Ms Aplin said she never wanted to forget Mr Doomadgee. [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. [6], Later the same day approximately 80 additional police from Townsville and Cairns were flown to Palm Island to restore order. From the time he was found unresponsive in that concrete. 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. 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 song was to be released as part of their 2007 album Dream Days at the Hotel Existence. However, he made no claim that Hurley did a knee drop during that time.) Shanahan resigned after it was revealed he had sat on the panel that originally appointed Clare as DPP in 1999. "We wouldn't have [decorated] it down there," Ms Aplin said. As he had no visible injuries at the time of his arrest, there was an autopsy that revealed massive internal injuries. Their report[55] was tabled on 25 August 2005. [58], Sen. Sgt. "Everyone was angry," he said. Former NSW chief justice Sir Laurence Street starts review of DPP's decision. Large group of Palm Islanders and police turns up to watch. (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. Justice Kerry Cullinane sets down a two-week trial to start on 12 June in the Townsville Supreme Court for Snr Sgt Hurley. He was taken into custody by Senior Sargeant Chris Hurley, accompanied by the Indigenous Liaison Police officer Lloyd Bengaroo. Cameron Doomadgee died at the age of 36. [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. This page was last edited on 18 February 2023, at 19:37. 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. The subsequent trial of Senior Sergeant Chris Hurley - who had been decorated . Riot, police raids, and racial discrimination, Palm Island death surrounding controversy, Last edited on 18 February 2023, at 19:37, Royal Commission into Aboriginal Deaths in Custody, Human Rights and Equal Opportunity Commission, Graham Perkin Australian Journalist of the Year Award, The Tall Man: Death and Life on Palm Island, Walkley Foundation Long-form Journalism: Documentary award, The Dualism of Agency and the Australian Settler-State in the Twenty First Century: The Palm Island Riot of 2004 and the Aftermath, "Suspended Senior Sergeant Chris Hurley faces criminal charges", "Controversial ex-cop Chris Hurley appeals conviction over wild Gold Coast police chase", "Former cop Chris Hurley's penalty for assaulting a motorist reduced", "Queensland police breached discrimination act on Palm Island, court finds", "Palm Island riots class action payout 'slap in face' to police, union says", "Police run for their lives as rioters torch buildings in a tropical island rampage", Office of the State Coroner "Finding of Inquest", "Australia Day recalls matters of life, death and justice", "Australian coroner: Police killed Aboriginal prisoner on Palm Island", "Aboriginal death in custody triggers Palm Island riot", "Palm Island man compensated for wrongful arrest after 2004 riots", "Not Guilty all 4 defendants in Palm Island 'riot' trial", "Accused Palm Is rioter withdraws guilty plea", Interest in black deaths in custody renews, "Palm Island judge quits over conflict of interest", "Aboriginal leaders applaud Mulrunji review appointment", "Policeman to be charged over Palm Island death", Anfry (sic) Palm Islanders want Mulrunji Royal Commission, "Police colluded to protect Senior Sergeant Chris Hurley over death in custody of Cameron Doomadgee Coroner", "New dad Senior Sergeant Chris Hurley faces custody death probe", "Overcrowding central to Palm Island's problems: report", "Palm death cop Chris Hurley got $100,000 payout", "Officer's blow killed Mulrunji says coroner", "Police union boss to face court on contempt charge", "Police union boss admits contempt over coroner remarks", "Our man wins Journalist of the Year award", "Brisbane artist draws parallels between treatment of asylum seekers and Indigenous Australians", "Queensland police officer Cop Chris Hurley fined for assaulting co-worker", "Timeline: The death of Mulrunji Doomadgee", "7.30 Report Interest in black deaths in custody renews", "Many Ways Forward: Report of the inquiry into capacity building and service delivery in Indigenous communities Appendix C", "Commissioner's statement re Senior Sergeant Hurley death", "Family of Palm Island man who died in police custody relieved memorial has new home", "NIT FORUMS: History repeats, over and over", Palm Island Death in Custody: Cameron Doomadgee, Report of the Attorney General to the Legislative Assembly, https://en.wikipedia.org/w/index.php?title=2004_Palm_Island_death_in_custody&oldid=1140163872. In response, residents took to the streets and burnt down buildings, including the police station. 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. 45 minutes later Cameron Doomadgee is dead, his liver cleaved in two as you might see after a fatal car crash. [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. Second inquiry begins with Deputy Coroner Christine Clements as Acting Coroner. "We wanted to make certain there was law and order to protect the community.". Publications of the Library of Congress are works of the United States Government as defined in theUnited States Code 17 U.S.C. Palm Island is a picturesque haven of sweeping coastlines and vibrant rainforests. [23], An emergency situation was declared under the Public Safety Preservation Act 1986 (the Act) on the afternoon of the riot. [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..". [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 I want people to have love". Residents report officers pointing guns at children's heads and being tasered. Web Page. [31] Barnes was assisted by two senior counsel. [23], Premier Peter Beattie visited Palm Island on Sunday 28 November, producing a five-point plan to restore order to local leaders. Australia: Police Response to Aboriginal Death in Custody and Ensuing Riot Ruled Discriminatory. Senior Sergeant Christopher Hurley was the officer who arrested Mr Doomadgee. The police station was burned down during the riot, along with the courthouse and Hurleys home. 2016. 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. Witness Patrick Bramwell hangs himself on Palm Island. U.S. Reports: Shuttlesworth v. Birmingham, 394 U.S. 147 (1969). The police claimed he had tripped on a step. The resolution specifically asked that the Centre not be in the possession of the Police Citizens Youth Club Association or the Queensland Police Service. 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. [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. Family of Palm Island man who died in police custody relieved memorial has new home. He believed that the evidence left room for a finding that a knee drop may have occurred. "I'd like to see it being a nice little, nice prosperous town, a lot of employment in the town, investment in the town. Says he has come to terms with the fact he caused the death, but strongly denies any intention to cause harm. [23] The Palm Islanders faced charges of riot, arson and assault. He was arrested by Senior Sargent Chris Hurley, accompanied by the Indigenous liaison police officer Lloyd Bengaroo, and was taken into custody. [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. "We sometimes involve members of the community in the selection processes, but we certainly involve the community when a new officer arrives.". The Palm Islanders rioted and burnt down the police station. Officers tried to barricade themselves as they were attacked with sticks and rocks, and told to leave the island. 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. It is not an easy one to tell. 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. The Library of Congress has no objection to the international use and reuse of Library U.S. Government works onloc.gov. In May, a third coronial inquest delivered an open finding but was highly critical of the police involvement in the case. [20] The local courthouse, police station, Hurley's home and the police barracks were burned down. 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. Councillor Lacey agreed Palm Island was a different place now. 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. Mulrunji was placed in the two-cell lockup which was the back section of the Palm Island Police Station. Documentary film director Tony Krawitz opined in an interview that "something really violent happened" and shortly after stated "It wasn't treated as a murder investigation which is what was meant to have happened. U.S. Reports: Hamm v. City of Rock Hill, 379 U.S. 306 (1964). When alerted to this, Hurley came into the cell and thought he could detect a pulse. [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. A resident and his partner were later awarded A$235,000 in compensation for assault, battery and false imprisonment. 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. 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. Queensland Police Minister announces an extra 29 police officers for indigenous communities. 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. More about Copyright and other Restrictions. He was ordered to pay costs with no other punishment. (Summary,supra.). They appeared before the Townsville Magistrates Court on Monday 29 November 2004, the first business day after the riot. According to statements an ambulance was then called taking fifteen minutes to arrive. [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. [44] Hurley was found not guilty after medical evidence was given which discredited claims by other witnesses of an assault by Hurley upon Doomadgee.
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