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. A post-mortem examination showed that he had a cut above his right eye, four broken ribs, his portal vein had been ruptured and his The police claimed he had tripped on a step. [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". Says he has come to terms with the fact he caused the death, but strongly denies any intention to cause harm. "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 officer, Senior Sergeant Chris Hurley, who was charged for a death in custody, was acquitted by the jury in June 2007. [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. 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. 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).) [23], Premier Peter Beattie visited Palm Island on Sunday 28 November, producing a five-point plan to restore order to local leaders. Palm Island is a picturesque haven of sweeping coastlines and vibrant rainforests. The officer could not find a pulse. Police officers in riot gear, wearing balaclavas, with no identification and carrying large guns, marched into the community, conducting early-morning raids. [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 Mr Stewart said several measures had been put in place to repair the damaged relationships. He was taken into custody by Senior Sargeant Chris Hurley, accompanied by . Mulrunji was placed in the two-cell lockup which was the back section of the Palm Island Police Station. ", 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]. The resolution specifically asked that the Centre not be in the possession of the Police Citizens Youth Club Association or the Queensland Police Service. The CMC noted that it was not improper for the flights to have been paid by taxpayers, nor was it improper to ask for it to be reimbursed, the lying to escape political fallout was the only issue of misconduct. U.S. Reports: Wright v. Georgia, 373 U.S. 284 (1963). State Coroner Michael Barnes stands down from the inquiry after claims of bias. Doomadgee funeral, Palm Island elders call for justice rather than division. The family also hired a private investigator to conduct an independent investigation of the death. ", "[I] come out every night, just sitting down [beside the memorial]. [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. "There'll always be distrust, regardless of what police authority is in town. Aboriginal and Torres Strait Islander readers are advised this article contains the name and image of someone who has died. 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". Jury acquits Hurley on manslaughter and assault charges. U.S. Reports: Dresner v. City of Tallahassee, 375 U.S. 136 (1963). 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. More about Copyright and other Restrictions. A 36 year old Aboriginal man, Cameron Doomadgee, is arrested for swearing at a police officer. "It was an extraordinarily difficult circumstance," Mr Beattie told the ABC. Police Commissioner Ian Stewart admitted mistakes were made with the way the QPS handled the death in custody. The racial aspects of the story are alarming, so too is the idea that police can act with impunity. These actions followed the death in custody of Aboriginal man Cameron Doomadgee, referred to by his traditional name Mulrunji after his arrest and confrontation with . ), Wotton was later convicted of inciting a riot and served 19 months in prison before being released on parole. [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]. Publications of the Library of Congress are works of the United States Government as defined in theUnited States Code 17 U.S.C. 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. By Damien Carrick on Law Report. Palm Island Mayor Alf Lacey said it had been difficult to rebuild trust between police and residents in the years since then. Please help update this article to reflect recent events or newly available information. 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 Chris Hurley receives a confidential payout of A$102,955 from the Queensland Government. 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. The inquest proceedings are stalled after allegations of bias are made against Mr Barnes. "I don't regret what happened at that particular time," he said. (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. He was then dragged limp and unresponsive into a cell and died within the next hour. [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. Dozens of police officers are flown into Palm Island. PDF Office of The State Coroner Finding of Inquest 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. "We wanted to make certain there was law and order to protect the community.". [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. [37] She reportedly received advice from former Supreme Court judge James B. Thomas before making this decision. Hurley was 201cm tall and weighed 115 kilograms. 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. 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. State budget announces boost to police numbers in indigenous communities, more CCTV cameras for watchhouses. [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. [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. His name was Cameron Doomadgee, and in her new book, "Tall Man," Chloe Hooper sets out to tell his story. The Premier accepted responsibility for giving "a new minister such a tough portfolio". Mulrunji's death was repeatedly branded "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. 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. Residents report officers pointing guns at children's heads and being tasered. 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 ". [52], In April 2005, Premier Beattie established the Palm Island Select Committee to investigate issues leading to the riot and other problems. (. 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. Buchanan, K. (2016) Australia: Police Response to Aboriginal Death in Custody and Ensuing Riot Ruled Discriminatory. 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. The applicants also claimed that the QPS had contravened the Racial Discrimination Act 1975 (Cth) (Federal Register of Legislation website)in its handling of the investigation of the death in custody. Justice Kerry Cullinane sets down a two-week trial to start on 12 June in the Townsville Supreme Court for Snr Sgt Hurley. It was reasoned that if they stayed in a different community in Townsville there was a low likelihood of re-offending. [53] Prosecutor Peter Davis suggested that this (the fact of giving a shorter estimate in court not the out of court attempt to get a more accurate estimate) was an attempt to sabotage prosecutors. [10], An autopsy report by Coroner Michael Barnes was produced for the family one week after the death. [20] The local courthouse, police station, Hurley's home and the police barracks were burned down. [31] Barnes was assisted by two senior counsel. On the day the autopsy results were read out, Palm Island resident Lex Wotton led angry residents on a riot through the town. Cameron Doomadgee died at the age of 36. 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. 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. [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. She said she never wanted it placed at the police station and requested it be moved because children were damaging it. 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. The family and the state coroner were informed of the death at about 3pm that afternoon. 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 memorial is now surrounded by tinsel, fairy lights, flowers and a turtle ornament, which represents Mr Doomadgee's hunting skills. 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. 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. [43], In June 2007 the Townsville-based trial of Chris Hurley on charges of assault and manslaughter took place. Cameron's brother Lloyd Doomadgee. "Without a doubt we learnt very many things from our response at Palm Island way back 10 years ago," he said. [71], In 2010, artist Vernon Ah Kee created a four-screen video installation at the Museum of Contemporary Art in Sydney, entitled Tall Man. I am comfortably satisfied QPS officers would not have taken a similar approach, in any of the respects I have outlined above, if a tragedy such as this had occurred in an isolated non-Aboriginal community in Queensland. ), The applicants in the case were Lex Wotton, his partner Cecilia Wotton, and his mother Agnes Wotton. [44] Hurley was found not guilty after medical evidence was given which discredited claims by other witnesses of an assault by Hurley upon Doomadgee. It was lifted two days later, just before the Premier's arrival. Largely supporting this conclusion was that Hurley had considered it necessary to raise similar concerns only a year prior to Mulrunji's death to the Federal Parliamentary Standing Committee on Aboriginal and Torres Strait Islander Affairs. Even the (Aboriginal) volunteer fire brigade had stones thrown at them while they tried to put out the courthouse and police station fires. [11][16], As the riot occurred during the school lunch break, it was witnessed by many children. Doomadgee family still haunted by Palm Island death ten years on Rioters burn down the police station, courthouse and the home of officer-in-charge Senior Sergeant Chris Hurley. Premier Peter Beattie was due to open the new facility in February 2005, in the lead-up to the launch (while the Coronial inquiry was just beginning) Mr Beattie was asked not to proceed with the launch by the Doomadgee family. Cameron Doomadgee (who was also known by his tribal name of Mulrunji) was a resident of 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. Second inquiry begins with Deputy Coroner Christine Clements as Acting Coroner. [50], The Court then addressed the Attorney-General and the appellants' argument that only the Coroner's finding that punching caused the fatal injuries should be set aside as a result of the medical evidence. It detailed 65 recommendations which seek to reduce violence and overcrowding, and improve standards of education and health. She decided that the inquest would start afresh on 29 March 2005, with a three-day directions hearing in Brisbane. Clark and her Senior Policy Advisor were interviewed at length by the CMC. 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. [83] Police actions were later found to breach the Racial Discrimination Act, with the raids being "unnecessary, disproportionate" and police having "acted in these ways because they were dealing with an Aboriginal community. (Summary,supra.). 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. When they learnt of his death, Palm Islanders rioted, and burnt the police station down. (, 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. 105and therefore are not subject to copyright and are free to use and reuse. [21], Numerous police officers were flown into Palm Island following the riot. (Bramwell was an exclusive witness for only 6 to 10 seconds, and volunteered incriminating evidence at the Coronial hearing that Hurley punched Mulrunji. The Queensland government has reached a $30 million settlement with Palm Island residents in a class action in the Federal Court over the 2004 Palm Island riots that followed the death in police custody of Aboriginal man Cameron Doomadgee. 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. 13.05 MB. [90], On 1 March 2005 the CMC released its draft report, finding that the office of the Minister for Indigenous Affairs had lied over the airfare affair to avoid short-term political embarrassment, sending a deliberately misleading statement to The Australian. [citation needed], They noted that the Coroner did not refer to that evidence in her report. The coroners preliminary report found that Mulrunji died after falling over a step. The inquiry would begin on 28 February 2005. They would have pulled everything off. For guidance about compiling full citations consult Citing Primary Sources. Doomadgee | Aboriginal and Torres Strait Islander peoples | Queensland [92], The adverse finding was based on a media statement to The Australian which made the positive statement; "we agreed to assist with the airline bookings on the understanding that they would pick up the cost" when it was known at the time by the Minister that the possibility of the airfares being repaid was only mooted after the tickets had been booked. Family of Palm Island man who died in police custody relieved - ABC 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 We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. [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. Black Lives Matter protests have dominated international headlines this year. The Attorney-General of Queensland, Kerry Shine, indicted an Australian police officer for a criminal trial for the first time since the public prosecutor 's office was established. Townsville District Court Judge Bob Pack hands down a ruling upholding Chris Hurley's appeal and ordering a fresh inquest in Mulurunji's death. 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. The main suspect was Senior Sergeant Christopher Hurley, a charismatic cop with long . Witness Patrick Bramwell hangs himself on Palm Island. Police response to Palm Island Aboriginal death in custody ruled dangerous driving in which shots were allegedly fired at a getaway car in May 2015. assaulting a female colleague in February 2016. 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. According to statements an ambulance was then called taking fifteen minutes to arrive. [11] Ms Aplin said she never wanted to forget Mr Doomadgee. 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. However, he made no claim that Hurley did a knee drop during that time.) The only people who deserve an apology are the police officers who were in the police station whilst it was being burnt down. (Id. They appeared before the Townsville Magistrates Court on Monday 29 November 2004, the first business day after the riot. [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. "That was a bit sad for us to see all that still going on," Ms Aplin said. In response to the findings, riots break out on the island. [11][16] "Brought it up home and it made a big healing process for all of us," Ms Aplin said. Instead they ordered that the Coronial Inquiry be reopened to re-examine the facts as the original Coronial Inquiry findings were set aside. [17], The deceased was 181cm tall and weighed 74 kilograms. 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". Ms Aplin said it hurt her that deaths in police custody were still occurring. ), 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.). The judgement summary read officers broke into houses "with assault rifles raised, confronting unarmed men, women and children". The police claimed he'd tripped on a step, but his liver was ruptured. Cameron Doomadgee's funeral on Palm Island in 2004. "I think that's something at the end of the day that we have to live with.". Lawyers for both the Doomadgee family and Hurley asked that the Coroner disqualify himself (although for different reasons). 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. [39] Included in the allegations made against Hurley was that he wrongfully caused the death of Mulrunji. "Everyone in the end really wanted to know what really happened. When alerted to this, Hurley came into the cell and thought he could detect a pulse. Review: The Tall Man - Trespass Magazine His grandmother complained to Hurley, who then arrested him. "[51]), The Court concluded that the Coroner's finding that Hurley caused the death by punching was not reasonably open on the evidence. (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. [58], Sen. Sgt. Coronial inquiry into Mulrunji's death begins. [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]. . 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. / We also acknowledge all those who lost their lives in custody across Australia. The autopsy report was medical and did not state what caused his death. Forty-two minutes later a second police officer observed that Mulrunji was a strange colour and was cold to the touch. "[5], The raids, found to be racist, resulted in a record $30 million class action settlement. [5], The raids resulted in a record A$30 million class action settlement and a formal apology to be made by the State Government. ), The president of the Queensland Police Union disagreed with the ruling, saying that the police response was appropriate in the circumstances and [p]olice who serve in Indigenous communities are not racist, and purely because of someones Aboriginality do not treat anyone differently . [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. / 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. Mulrunji - We Are Not The Problem Deputy Coroner Christine Clements finds Snr Sgt Hurley responsible for Mulrunji's fatal injuries. (Jan. 2, 2020) On December 18, 2019, the New Zealand Parliament passed historic legislation that pardons Rua Knana, a pacifist religious prophet from theTuhoe iwi (tribe) who was convicted inAugust 1916 of (July 30, 2015) On July 23, 2015, the Supreme Court of Canada rejected the appeal of a Pakistani Canadian pilot in a discrimination case filed against Bombardier, an aerospace company. [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. 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. Queensland's then premier Peter Beattie declared a state of emergency and dozens of riot squad members were flown in to control the crowd. [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. [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. On November 19th 2004, Cameron Doomadgee, also known as Mulrunji, was arrested for allegedly causing a public nuisance. [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]. 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. PDF The death of Mulrunji Doomadgee and the illusion of postcolonial Australia