The only people who deserve an apology are the police officers who were in the police station whilst it was being burnt down. (Id. The strong police presence was not welcome on the 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 ". Snr Sgt Hurley breaks silence, testifying in his own defence. 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. Officers tried to barricade themselves as they were attacked with sticks and rocks, and told to leave the island. [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. 105and therefore are not subject to copyright and are free to use and reuse. His name was Cameron Doomadgee, and in her new book, "Tall Man," Chloe Hooper sets out to tell his story. The resolution specifically asked that the Centre not be in the possession of the Police Citizens Youth Club Association or the Queensland Police Service. 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. Source: AAP November 2004 [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. The pathologist who conducted a post-mortem compared Mr Doomadgee's injuries with those of plane crash victims. [23], An emergency situation was declared under the Public Safety Preservation Act 1986 (the Act) on the afternoon of the riot. "We wanted to make certain there was law and order to protect the community.". [62] As a result he was charged with contempt of court by the Attorney General. 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 . State budget announces boost to police numbers in indigenous communities, more CCTV cameras for watchhouses. Hurley case begins in Townsville Supreme Court. [50], The Attorney General and appellants submitted that if punching is set aside there should be an inevitable finding that the fatal injuries were due to a deliberate application of force by Chris Hurley after the fall, e.g. Police officers in riot gear wearing balaclavas with no identification, carrying large guns march into the community conducting early-morning raids. [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. The family also hired a private investigator to conduct an independent investigation of the death. "We wouldn't have [decorated] it down there," Ms Aplin said. 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. "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. Fellow Palm Islander Patrick Bramwell was placed in the adjoining cell. Palm Island Mayor Alf Lacey said it had been difficult to rebuild trust between police and residents in the years since then. At trial he only gave his revised estimate. The Palm Islanders rioted and burnt down the police station. In response, residents took to the streets and burnt down buildings, including the police station. 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. What really happened to Cameron Doomadgee? "Everyone in the end really wanted to know what really happened. [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. [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. [61], When Coroner Barnes disqualified himself from the inquiry the QPU called for him to be sacked immediately from the position of state coroner for the indiscretion of drinking with one of the lawyers during the inquest. [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. . ), 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.). [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. Mulrunji's death was repeatedly branded "cold-blooded murder". [34], In late September 2006, Clements found that Doomadgee was killed as a result of punches by Hurley. (. 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. 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 26 November 2004 Doomadgee's autopsy results indicate that he died from internal injuries, with the island's pathologist claiming they are the result of "a fall". Police Commissioner Ian Stewart admitted mistakes were made with the way the QPS handled the death in custody. [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. Included in the duties of the CMC is investigating allegations of police misconduct. [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. Conditions were imposed such as not being allowed to return to Palm Island, not even for the funeral of Mulrunji. "I think that's something at the end of the day that we have to live with.". a knee drop. 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. However, Leafe said he believed Hurley's prosecution was a cynical political exercise. [10], An autopsy report by Coroner Michael Barnes was produced for the family one week after the death. [11][16] She decided that the inquest would start afresh on 29 March 2005, with a three-day directions hearing in Brisbane. [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. 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. The song was to be released as part of their 2007 album Dream Days at the Hotel Existence. [15], During the weekend the tactical response group searched many homes. [13] He had spent the morning investigating complaints by sisters Gladys, Andrea and Anna Nugent that Roy Bramwell had assaulted them. Cameron Doomadgee was an obscure man living an obscure life, but his demise had a gravity that sucked in countless strands of modern and historical Australia. [31], Barnes had previously been the Aboriginal Legal Aid solicitor for two families before the Royal Commission into Aboriginal Deaths in Custody. [52], In April 2005, Premier Beattie established the Palm Island Select Committee to investigate issues leading to the riot and other problems. Show "[5], The raids, found to be racist, resulted in a record $30 million class action settlement. 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. Cameron Doomadgee (who was also known by his tribal name of Mulrunji) was a resident of Palm Island. 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 directions hearing was held in a marquee, because there were no premises on the island large enough for the expected audience. I want people to have love". The police claimed he'd tripped on a step, but his liver was ruptured. 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. 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". [11] Mulrunji was found dead in his cell hours after. But Doomadgee's family says no amount of money will . 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". Soon after the riot, the Queensland Police Union President Denis Fitzpatrick demanded the rioters be charged with attempted murder of 12 police. 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. But as the story progresses the moral ground tilts. Patrick Bramwell, a cell-mate of Mulrunji, repeatedly attempted to set himself on fire after giving evidence before the first coronial inquest. [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. 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. They would have pulled everything off. [31] Barnes was assisted by two senior counsel. "I'd like to see it being a nice little, nice prosperous town, a lot of employment in the town, investment in the town. 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. [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. https://www.loc.gov/item/global-legal-monitor/2016-12-09/australia-police-response-to-aboriginal-death-in-custody-and-ensuing-riot-ruled-discriminatory/. [63] Wilkinson later publicly apologised and pleaded guilty to the contempt. Palm Island is a picturesque haven of sweeping coastlines and vibrant rainforests. Jury acquits Hurley on manslaughter and assault charges. This page is not available in other languages. U.S. Reports: Peterson v. Greenville, 373 U.S. 244 (1962). Web Page. . U.S. Reports: Dresner v. City of Tallahassee, 375 U.S. 136 (1963). no semblance of understanding" about the context of the Palm Island community's distress and anger as to what had happened to Mulrunji and the progress of the investigation . Yanner said his anger was with the legal system in general and particularly the police's role in justice for Indigenous people, saying that Hurley was an exception to these problems, but that he had probably gone too far in giving Mulrunji a hiding. [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 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. 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. AEST = Australian Eastern Standard Time which is 10 hours ahead of GMT (Greenwich Mean Time), abc.net.au/news/palm-island-doomadgee-memorial-moved-from-police-station/12946248, Help keep family & friends informed by sharing this article, 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, $30 million State Government class action settlement, Palm Islanders to launch action against Channel Nine, Daily Mail over 'racist' reports, Indigenous activist awarded $220k over Palm Island riots 'racial discrimination', 'It's about healing': Palm Islanders to share $30m class action payment, Indigenous (Aboriginal and Torres Strait Islander), 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. [11], Initially 13 Palm Islanders were arrested and charged. 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. [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]. 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". Clark and her Senior Policy Advisor were interviewed at length by the CMC. A timeline of events flowing from the death in custody of Palm Island man Cameron Doomadgee: 2004. Lawyers for both the Doomadgee family and Hurley asked that the Coroner disqualify himself (although for different reasons). These works are also available for worldwide use and reuse under CC0 1.0 Universal. Terrence Alfred Kidner sentenced to 16 months in jail in Townsville District Court after pleading guilty to rioting on Palm Island. [citation needed], They noted that the Coroner did not refer to that evidence in her report. Residents report officers pointing guns at children's heads and being tasered. However, he made no claim that Hurley did a knee drop during that time.) Please help update this article to reflect recent events or newly available information. Coronial inquiry into Mulrunji's death begins. "Just hope nobody goes through that, what we went through, especially on this island.". Hurley drove her to the house in the police vehicle. [93], In a general atmosphere where there was high levels of local animosity towards the police in the months following the riot, the Queensland Government coincidentally had completed construction of a new multi-million dollar community centre which would be primarily under the control of the Police Youth Club Association. The main suspect was Senior Sergeant Christopher Hurley, a charismatic cop with long . [12][25] 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. (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. Councillor Lacey agreed Palm Island was a different place now. [16] They appeared to have jumped to a conclusion given their description of the death as "cold blooded murder". 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. 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. 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. "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.". The inquest proceedings are stalled after allegations of bias are made against Mr Barnes. ", 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]. [18] [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..". (Palm Island Death in Custody Timeline, SYDNEY MORNING HERALD (June 20, 2007). [1] The death of Mulrunji led to civic disturbances on the island and a legal, political and media sensation that continued for fourteen years. Within an hour Mr Doomadgee was found dead in a cell at Palm Island police station. [37] She reportedly received advice from former Supreme Court judge James B. Thomas before making this decision. [38], The incident also resulted in an investigation by the Crime and Misconduct Commission (CMC). What happened in the 45 minutes from Doomadgee's arrest till his death should weigh heavily on Australian audiences. (Quebec (Commission (Mar. 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. A resident and his partner were later awarded A$235,000 in compensation for assault, battery and false imprisonment. 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. Almost 10 years ago Cameron Doomadgee died in police custody on Palm Island. While Gladys retrieved her medication, Patrick Bramwell was outside. In response an angry mob burned down the police . 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. [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. 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. Officers preferred confrontation to engagement and operated very much with an us and them attitude. [26], By 6 December 2004, 19 accused were granted bail by the Queensland Chief Magistrate. (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. 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. [20] The local courthouse, police station, Hurley's home and the police barracks were burned down. Australia: Police Response to Aboriginal Death in Custody and Ensuing Riot Ruled Discriminatory. Senior Sergeant Christopher Hurley was the officer who arrested Mr Doomadgee. (Bramwell was an exclusive witness for only 6 to 10 seconds, and volunteered incriminating evidence at the Coronial hearing that Hurley punched Mulrunji. He said that due to the unreliability of police and Aboriginal witnesses he could not make a definitive finding. Even the (Aboriginal) volunteer fire brigade had stones thrown at them while they tried to put out the courthouse and police station fires. Residents report officers pointing guns at children's heads and being tasered. 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. 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. Chris Hurley receives a confidential payout of A$102,955 from the Queensland Government. "[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. "[51]), The Court concluded that the Coroner's finding that Hurley caused the death by punching was not reasonably open on the evidence. / We also acknowledge all those who lost their lives in custody across Australia. Cameron Doomadgee was picked up and arrested on November 19, 2004 for allegedly causing a public nuisance. 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. This was accepted as a possible means by which the injury could have occurred". [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. 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. Mr Doomadgee died from massive internal injuries in a police cell on the island in November 2004. [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. "We've learnt each Indigenous community really needs its own guidance and induction package," he said. Black Lives Matter protests have dominated international headlines this year. She awarded AU$220,000 (about US$164,000) in damages to the applicants. 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. [91] Liddy Clark and the two ministerial staff denied deliberately misleading the public. 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. Cameron Doomadgee, 36, died in the Palm Island watch-house in 2004 after being arrested by Queensland police Senior Sergeant Chris Hurley. As he had no visible injuries at the time of his arrest, there was an autopsy that revealed massive internal injuries. [50], On 14 May 2010 a new full coronial inquiry into the death in custody concluded. Mulrunji who had walked away, turned and allegedly swore at the police officers. Crime and Misconduct Commission announces a review of policing in indigenous communities. (Wotton v State of Queensland (No 5) [2016] FCA 1457, Federal Court of Australia website.) [59] His grandmother complained to Hurley, who then arrested him. "There'll always be distrust, regardless of what police authority is in town. The Premier accepted responsibility for giving "a new minister such a tough portfolio". U.S. Reports: Wright v. Georgia, 373 U.S. 284 (1963).
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