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Complaints were made that Aboriginal Legal Aid had been denied access to the Island. [86][87] A Crime and Misconduct Commission (CMC) criminal and misconduct investigation was launched into the whole affair,[85][87] These works are also available for worldwide use and reuse under CC0 1.0 Universal. For guidance about compiling full citations consult Citing Primary Sources. There was much debate over the appropriateness of the police and government response to the riot. Snr Sgt Hurley breaks silence, testifying in his own defence. 2016. The inquest resumes on Palm Island for two days, and then for the following three days in Townsville. This year, hundreds of Palm Islanders affected by the events received compensation as part of a $30 million State Government class action settlement. 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. [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]. At trial he only gave his revised estimate. 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. [17], The deceased was 181cm tall and weighed 74 kilograms. 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. 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. (Wotton v State of Queensland (No 5) [2016] FCA 1457, Federal Court of Australia website.) 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". [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/. Family of Palm Island man who died in police custody relieved - ABC Officers tried to barricade themselves as they were attacked with sticks and rocks, and told to leave the island. Dozens of police officers are flown into Palm Island. On 19 November 2004 he was found dead in a cell in the police station on Palm Island. 13.05 MB. Children witnessed their parents being arrested and taken to Townsville for committing crimes such as public drunkenness and common assault. [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. Cameron's brother Lloyd Doomadgee. Sir Laurence advises there is enough evidence to prosecute Snr Sgt Hurley, who is officially suspended. 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. This page was last edited on 18 February 2023, at 19:37. The autopsy report was medical and did not state what caused his death. They appeared before the Townsville Magistrates Court on Monday 29 November 2004, the first business day after the riot. Hurley was 201cm tall and weighed 115 kilograms. Hurley drove her to the house in the police vehicle. Queensland Police Minister announces an extra 29 police officers for indigenous communities. ), Cameron Doomadgee (commonly called Mulrunji), a 36-year-old Aboriginal man, died in police custody on Palm Island on November 19, 2004. The death of Mulrunji Doomadgee and the illusion of postcolonial Australia SARAH KEENAN REFERENCES 1. 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". [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. [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. [15] They converted the Bwgcolman Community School into a headquarters and sleeping barracks, and the St Michael's school bus was commandeered. He was taken into custody by Senior Sargeant Chris Hurley, accompanied by . [11][16], As the riot occurred during the school lunch break, it was witnessed by many children. [31], Barnes had previously been the Aboriginal Legal Aid solicitor for two families before the Royal Commission into Aboriginal Deaths in Custody. The police station was burned down during the riot, along with the courthouse and Hurleys home. Rights and freedoms Defining Moments, 1945-present 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. PDF Office of The State Coroner Finding of Inquest A resident and his partner were later awarded A$235,000 in compensation for assault, battery and false imprisonment. [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. [21], Numerous police officers were flown into Palm Island following the riot. (, 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. 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).) ), The applicants in the case were Lex Wotton, his partner Cecilia Wotton, and his mother Agnes Wotton. [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. Mr Wotton said many people still lacked trust in the police, but he acknowledged the effort was being made. [8] The videotape footage from the cell shows Hurley checking for breathing and pulse then "sliding down the wall of the cell until he sat with his face in his hands". Cameron Doomadgee (who was also known by his tribal name of Mulrunji) was a resident of Palm Island. The pathologist who conducted a post-mortem compared Mr Doomadgee's injuries with those of plane crash victims. 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. (Id.) From the time he was found unresponsive in that concrete. Chris Hurley received a confidential payout of A$100,000 from the Queensland Government in February 2005. Mulrunji who had walked away, turned and allegedly swore at the police officers. [12][25] Palm Island still struggling with death in custody 10 years on Cameron Doomadgee's sisters says their brother's death was the first of several family tragedies and they are yet to come to terms with what they see as a terrible injustice. The injury may have been caused by Hurley falling on the deceased. The officer was later acquitted of manslaughter. [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. [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. 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. Justice Kerry Cullinane sets down a two-week trial to start on 12 June in the Townsville Supreme Court for Snr Sgt Hurley. Buchanan, Kelly. Queensland's then premier Peter Beattie declared a state of emergency and dozens of riot squad members were flown in to control the crowd. The Council boycotted the ceremony and only thirty people attended the ceremony, half of whom were holding placards demanding more money be spent on employment and health services. "I think that's something at the end of the day that we have to live with.". "The kids that roam the streets at night, they would have wrecked it. (Palm Island Riots: Federal Court Finds Police Acted with Impunity in Racial Discrimination Lawsuit,supra.) "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. [30], On 8 February 2005 an initial one-day directions hearing for a full coronial inquiry into the death in custody was held. The police claimed he'd tripped on a step, but his liver was ruptured. [94] When the Premier opened the centre he was met with a generally hostile reception. Residents accused Senior Sergeant Hurley of murder, but he was acquitted of manslaughter in 2007 by an all-white jury. The song was to be released as part of their 2007 album Dream Days at the Hotel Existence. One of the sisters needed to be airlifted to Townsville Hospital due to her condition as a result of Bramwell's assault. Police response to Palm Island Aboriginal death in custody ruled 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. [43], In June 2007 the Townsville-based trial of Chris Hurley on charges of assault and manslaughter took place. 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. 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. 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. Police officers in riot gear wearing balaclavas with no identification, carrying large guns march into the community conducting early-morning raids. 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. Island residents marched from the town square and burnt down the police station, court house and police houses. (Racial Discrimination Act 1975 (Cth). 2004 Palm Island death in custody - Wikipedia Large group of Palm Islanders and police turns up to watch. It was lifted two days later, just before the Premier's arrival. [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. / 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. U.S. Reports: Dresner v. City of Tallahassee, 375 U.S. 136 (1963). In achieving these objectives, issues such as drug and alcohol abuse and unemployment would also be addressed.[56]. genome.ch.bbc.co.uk Mulrunji - We Are Not The Problem . [27], Four people were prosecuted for the riot and were acquitted. Doomadgee | Aboriginal and Torres Strait Islander peoples | Queensland The racial aspects of the story are alarming, so too is the idea that police can act with impunity. Snr Sgt Hurley faces Supreme Court charged with manslaughter and assault. A 36 year old Aboriginal man, Cameron Doomadgee, is arrested for swearing at a police officer. [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. 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. [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]. The Tall Man - Host a Screening | SBS NITV Second inquiry begins with Deputy Coroner Christine Clements as Acting Coroner. Beattie said that this reaction was to be expected because of current tensions with the community about police, however facilities like this were a way of building better relations between the community and the police. The officer, Senior Sergeant Chris Hurley, who was charged for a death in custody, was acquitted by the jury in June 2007. [58], Sen. Sgt. [29], Mulrunji's Family had suspicions about the results of the first autopsy by the Queensland government pathologist. [22], Police actions were later found to breach the Racial Discrimination Act 1975, with the raids being "unnecessary, disproportionate" and police having "acted in these ways because they were dealing with an Aboriginal community". After the trial concluded the Union released advertisements against the Beattie Queensland government, comparing the government to Robert Mugabe and his government. "Brought it up home and it made a big healing process for all of us," Ms Aplin said. Later the timing of the "emergency" was disputed by lawyers for the Palm Island community. 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. On November 19th 2004, Cameron Doomadgee, also known as Mulrunji, was arrested for allegedly causing a public nuisance. "I don't regret what happened at that particular time," he said. [31] Barnes was assisted by two senior counsel. 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). 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. His name was Cameron Doomadgee, and in her new book, "Tall Man," Chloe Hooper sets out to tell his story. [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 The Tall Man: Probing a prisoner's death on Australia's Palm Island 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. [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. In response an angry mob burned down the police . Included in the duties of the CMC is investigating allegations of police misconduct. Police discriminated against Palm Island's Indigenous community But Councillor Lacey said the islanders needed more time to deal with the past before that would be possible. [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. The case arose from the 2004 death in custody of Mulrunji, previously known as Cameron Doomadgee, whose treatment sparked riots on the island. [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. A riot erupted involving an estimated 400 people, half of them school children. He said that due to the unreliability of police and Aboriginal witnesses he could not make a definitive finding. [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. He was locked up for being drunk and a public nuisance, and at the time of his arrest had no visible injuries. Queensland to pay $30 million in Palm Island class action In response to the findings, riots break out on the island. The Minister Liddy Clark, who was a former Play School presenter, immediately resigned from the Cabinet to become a backbencher. Residents report officers pointing guns at children's heads and being tasered. 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 (Summary,supra.). Doomadgee family still haunted by Palm Island death ten years on The death in custody led to three coronial inquests, a review by the Crime and Misconduct Commission in Queensland, two reviews by the QPS, criminal proceedings against Senior Sergeant Hurley in which he was acquitted of manslaughter, and litigation by police officers about potential disciplinary action against them. (Summary, supra. It detailed 65 recommendations which seek to reduce violence and overcrowding, and improve standards of education and health. 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. The memorial is now surrounded by tinsel, fairy lights, flowers and a turtle ornament, which represents Mr Doomadgee's hunting skills. But Doomadgee's family says no amount of money will . The circumstances leading up to the riot were taken into consideration when bail was considered. Australia: Police Response to Aboriginal Death in Custody and Ensuing It's peaceful.". [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. State Coroner Michael Barnes orders a second autopsy be conducted. U.S. Reports: Peterson v. Greenville, 373 U.S. 244 (1962). Lex Wotton speaks out. Yanner and Foster refused to cooperate with the investigation. Palm Island verdict: 12 years in the making | SBS News 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. (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. The officer could not find a pulse. 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". (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. [95], By April 2007 it was reported that the PCYC Centre had become a great success, a place where young and old participate in numerous sporting, educational and cultural activities in a safe and comfortable environment, and the focal point of re-building positive relations between the police and the community.[96]. 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. Townsville District Court Judge Bob Pack hands down a ruling upholding Chris Hurley's appeal and ordering a fresh inquest in Mulurunji's death. [11], Initially 13 Palm Islanders were arrested and charged. [37] She reportedly received advice from former Supreme Court judge James B. Thomas before making this decision. Private investigator hired to carry out an independent investigation into Mulrunji's death. The applicants lawyer, who took the case on a pro bono basis, stated following the ruling: Its the first time an entire community has been represented in a class action against a state of Australia alleging racial discrimination and being vindicated in that cause. "I don't want my grand children to forget him," she said. 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. 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. 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".

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