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. [45] Public funded investigation and prosecution alone cost at least A$7 million. [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. [33], The Coroner subsequently disqualified himself, and Deputy State Coroner Christine Clements flew to Townsville and took over. Forty minutes later, Cameron was found dead in his cell. (. [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. [72][73][74], In 2012 filmmaker Tony Krawitz, won the Walkley Foundation Long-form Journalism: Documentary award for his documentary film based on Hooper's book, titled The Tall Man. 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. Lex Wotton speaks out. Instead they ordered that the Coronial Inquiry be reopened to re-examine the facts as the original Coronial Inquiry findings were set aside. He was taken into custody by Senior Sargeant Chris Hurley, accompanied by . November 19: Cameron Doomadgee, 36, dies in custody at Palm Island police station after being . "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.". [36], Leanne Clare, the Queensland Director of Public Prosecutions (DPP), announced on 14 December 2006 that no charges would be laid as there was no evidence proving that Hurley was responsible for Mulrunji's death. ), The Court was asked to decide whether, in the police investigation into Mulrunjis death, in the management of community concerns, tensions and anger on Palm Island in the week after his death, and in the police responses to protests and fires that occurred on 26 November 2004, officers of the QPS contravened section 9(1) of the Racial Discrimination Act 1975 (Cth). (Id.) Hurley drove her to the house in the police vehicle. [30], On 8 February 2005 an initial one-day directions hearing for a full coronial inquiry into the death in custody was held. [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. (, 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. She also accused the police of failing to investigate his death fully. At the age of 63 they set off for one more trip to Mount Sinai. Publications of the Library of Congress are works of the United States Government as defined in theUnited States Code 17 U.S.C. [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. Within an hour Mr Doomadgee was found dead in a cell at Palm Island police station. He was then dragged limp and unresponsive into a cell and died within the next hour. It is not an easy one to tell. Retrieved from the Library of Congress, . The family also hired a private investigator to conduct an independent investigation of the death. A CMC report leaked to the media reportedly recommends that 7 officers will face charges. Australia: Police Response to Aboriginal Death in Custody and Ensuing Riot Ruled Discriminatory. "We sometimes involve members of the community in the selection processes, but we certainly involve the community when a new officer arrives.". "We wanted to make certain there was law and order to protect the community.". Buchanan, Kelly. Buchanan, Kelly. 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. Two young men commit suicide as a direct result of Doomadgee's death. 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. "We were trying to ensure the protection of the community, the protection of the police and government servants who worked there. Townsville District Court Judge Bob Pack hands down a ruling upholding Chris Hurley's appeal and ordering a fresh inquest in Mulurunji's death. Black Lives Matter protests have dominated international headlines this year. [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. As he had no visible injuries at the time of his arrest, there was an autopsy that revealed massive internal injuries. 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. Queensland Police Union President Denis Fitzpatrick demanded the rioters be charged with attempted murder of 12 police. "[51]), The Court concluded that the Coroner's finding that Hurley caused the death by punching was not reasonably open on the evidence. The only people who deserve an apology are the police officers who were in the police station whilst it was being burnt down. (Id. He is drunk, and as they arrive at the station he strikes Senior Sergeant Christopher Hurley in the face. By Damien Carrick on Law Report. Hurley v. [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. (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. What happened in the 45 minutes from Doomadgee's arrest till his death should weigh heavily on Australian audiences. a knee drop. 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 Queensland Director of Public Prosecutions Leanne Clare announces that no charges will be laid against Senior Sergeant Chris Hurley over Mulrunji's death. [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. "I'd like to see it being a nice little, nice prosperous town, a lot of employment in the town, investment in the town. [11][16], A crowd headed initially for the police station. 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". ), Mulrunjis autopsy showed that he died of major internal injuries. https://www.loc.gov/item/global-legal-monitor/2016-12-09/australia-police-response-to-aboriginal-death-in-custody-and-ensuing-riot-ruled-discriminatory/. A 36 year old Aboriginal man, Cameron Doomadgee, is arrested for swearing at a police officer. Chris Hurley received a confidential payout of A$100,000 from the Queensland Government in February 2005. Learn how to plan a screening for the film The Tall Man, produced by Blackfella Films, the story of Palm Island, the tropical paradise where one morning Cameron Doomadgee swore at a policeman and . The song was to be released as part of their 2007 album Dream Days at the Hotel Existence. Deputy Coroner Christine Clements finds Snr Sgt Hurley responsible for Mulrunji's fatal injuries. U.S. Reports: Dresner v. City of Tallahassee, 375 U.S. 136 (1963). 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. For guidance about compiling full citations consult Citing Primary Sources. Senior Sergeant Christopher Hurley was the officer who arrested Mr Doomadgee. However, Leafe said he believed Hurley's prosecution was a cynical political exercise. State budget announces boost to police numbers in indigenous communities, more CCTV cameras for watchhouses. [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 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. He appeared intoxicated and was swearing at the police. 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. In 2011 a documentary was made. Police Commissioner Ian Stewart admitted mistakes were made with the way the QPS handled the death in custody. 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. [50], On 14 May 2010 a new full coronial inquiry into the death in custody concluded. Almost 10 years ago Cameron Doomadgee died in police custody on Palm Island. 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. 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 ". Councillor Lacey agreed Palm Island was a different place now. Shanahan resigned after it was revealed he had sat on the panel that originally appointed Clare as DPP in 1999. 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. ), 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 . 2016. "Everyone was angry," he said. 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 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. [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/. On 19 November 2004 he was found dead in a cell in the police station on Palm Island. 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. She said she never wanted it placed at the police station and requested it be moved because children were damaging it. [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]. [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. 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. Criminal Misconduct Commission announces that no disciplinary charges will be laid against Senior Sergeant Chris Hurley over Mulrunji's death. In May, a third coronial inquest delivered an open finding but was highly critical of the police involvement in the case. 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. [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]. He was appointed to a duty officer position at the Broadbeach police station on the Gold Coast[60], The Queensland Government agreed to provide a confidential payout of A$370,000 to Mulrunji's family in May 2011. I want people to have love". [63] Wilkinson later publicly apologised and pleaded guilty to the contempt. ), The Queensland government and QPS said they would carefully consider the judgment before commenting further. (Id.). 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. [13] He had spent the morning investigating complaints by sisters Gladys, Andrea and Anna Nugent that Roy Bramwell had assaulted them. [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. "[5], The raids, found to be racist, resulted in a record $30 million class action settlement. 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. [16] Part of the flown in police contingent was the tactical response group who wore riot shields, balaclavas and helmets with face-masks, Glock pistol at the hip and a shotgun or semi-automatic rifle in their right hand. The memorial is now surrounded by tinsel, fairy lights, flowers and a turtle ornament, which represents Mr Doomadgee's hunting skills. U.S. Reports: Hamm v. City of Rock Hill, 379 U.S. 306 (1964). Citations are generated automatically from bibliographic data as Later the timing of the "emergency" was disputed by lawyers for the Palm Island community. dangerous driving in which shots were allegedly fired at a getaway car in May 2015. assaulting a female colleague in February 2016. Witness Patrick Bramwell hangs himself on Palm Island. She awarded AU$220,000 (about US$164,000) in damages to the applicants. Queensland police halt plans to march on state parliament over Snr Sgt Hurley being charged after Premier Peter Beattie accedes to demands for closed circuit cameras in watchhouses in Aboriginal communities. (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. (Bramwell was an exclusive witness for only 6 to 10 seconds, and volunteered incriminating evidence at the Coronial hearing that Hurley punched Mulrunji. 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". "Brought it up home and it made a big healing process for all of us," Ms Aplin said. The coroners preliminary report found that Mulrunji died after falling over a step. [41], The review resulted in the overturning of the DPP's decision, with Street finding there was sufficient evidence to prosecute Hurley with 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. 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. Ms Aplin said she never wanted to forget Mr Doomadgee. [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. After the trial concluded the Union released advertisements against the Beattie Queensland government, comparing the government to Robert Mugabe and his government. [23] The Palm Islanders faced charges of riot, arson and assault. The main suspect was Senior Sergeant Christopher Hurley, a charismatic cop with long . "Everyone in the end really wanted to know what really happened. The injury may have been caused by Hurley falling on the deceased. 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. "The mischief lies in what was an abandonment of the truth to avoid the possibility of short-term political embarrassment. After a long battle Agnes' discovery is finally published, but this does not put an end to the twins' travels. [54], In his findings, Coroner Brian Hine disagreed with the Supreme Court of Appeal regarding the knee drop. The Minister Liddy Clark, who was a former Play School presenter, immediately resigned from the Cabinet to become a backbencher. [46], In September 2008, Hurley's lawyers appealed Coroner Clements' findings (September 2006) that he had killed Mulrunji with three fatal punches. Residents report officers pointing guns at children's heads and being tasered. Police began taking statements from witnesses. More about Copyright and other Restrictions. Mulrunji was found dead in his cell hours after. 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. 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 . One of the sisters needed to be airlifted to Townsville Hospital due to her condition as a result of Bramwell's assault. Large group of Palm Islanders and police turns up to watch. The police who had been stationed on the island indicated through the Union that they did not wish to return to Island duties. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. 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. Palm Island is a picturesque haven of sweeping coastlines and vibrant rainforests. [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. 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. (Id.) The racial aspects of the story are alarming, so too is the idea that police can act with impunity. [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. On November 19th 2004, Cameron Doomadgee, also known as Mulrunji, was arrested for allegedly causing a public nuisance. Cameron Doomadgee was picked up and arrested on November 19, 2004 for allegedly causing a public nuisance. 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". Queensland Police Minister announces an extra 29 police officers for indigenous communities. Conditions were imposed such as not being allowed to return to Palm Island, not even for the funeral of Mulrunji. 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. He was locked up for being drunk and a public nuisance, and at the time of his arrest had no visible injuries. [23], Premier Peter Beattie visited Palm Island on Sunday 28 November, producing a five-point plan to restore order to local leaders. Police officers in riot gear wearing balaclavas with no identification, carrying large guns march into the community conducting early-morning raids. / We also acknowledge all those who lost their lives in custody across Australia.