Children witnessed their parents being arrested and taken to Townsville for committing crimes such as public drunkenness and common assault. These works are also available for worldwide use and reuse under CC0 1.0 Universal. Ms Aplin said she never wanted to forget Mr Doomadgee. State Coroner Michael Barnes stands down from the inquiry after claims of bias. "But the history's never going to go away - it hasn't gone away for the last decade, it will continue on.". (Summary,supra.). She awarded AU$220,000 (about US$164,000) in damages to the applicants. 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. 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. 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. He found that the injuries could have been caused by Hurley accidentally falling on top of Mulrunji, or by the officer "dropping a knee into his torso". Wotton initially pleaded guilty to the charge of rioting, and was found guilty at trial. Black Lives Matter protests have dominated international headlines this year. This year, hundreds of Palm Islanders affected by the events received compensation as part of a $30 million State Government class action settlement. It was reasoned that if they stayed in a different community in Townsville there was a low likelihood of re-offending. Chris Hurley received a confidential payout of A$100,000 from the Queensland Government in February 2005. Their report[55] was tabled on 25 August 2005. 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. [34], After Coroner Clements made her findings but before they were overturned by the District and Supreme Courts as being inconsistent with the evidence QPU President Gary Wilkinson was highly critical. Aboriginal man Cameron 'Mulrunji' Doomadgee died in police custody on Palm Island in 2004 His memorial rock has been moved from the Palm Island police station to his sister's front yard The relocation has brought a sense of healing for the family 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". (Wotton v State of Queensland (No 5) [2016] FCA 1457, Federal Court of Australia website.) Palm Islanders riot. From the time he was found unresponsive in that concrete. "There will always be tension because there's not enough communication between police and community. [71], In 2010, artist Vernon Ah Kee created a four-screen video installation at the Museum of Contemporary Art in Sydney, entitled Tall Man. [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. [43], In June 2007 the Townsville-based trial of Chris Hurley on charges of assault and manslaughter took place. Queensland's then premier Peter Beattie declared a state of emergency and dozens of riot squad members were flown in to control the crowd. (Racial Discrimination Act 1975 (Cth). Jury acquits Hurley on manslaughter and assault charges. Included in the duties of the CMC is investigating allegations of police misconduct. Instead they ordered that the Coronial Inquiry be reopened to re-examine the facts as the original Coronial Inquiry findings were set aside. It's peaceful.". He is drunk, and as they arrive at the station he strikes Senior Sergeant Christopher Hurley in the face. Hurley then reentered the car and talked with Bengaroo briefly. The Library of Congress has no objection to the international use and reuse of Library U.S. Government works onloc.gov. One of the sisters needed to be airlifted to Townsville Hospital due to her condition as a result of Bramwell's assault. He believed that the evidence left room for a finding that a knee drop may have occurred. 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. 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 ". 105and therefore are not subject to copyright and are free to use and reuse. 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. At trial he only gave his revised estimate. When they learnt of his death, Palm Islanders rioted, and burnt the police station down. Second inquiry begins with Deputy Coroner Christine Clements as Acting Coroner. [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. Mulrunji's death was repeatedly branded "cold-blooded murder". The circumstances leading up to the riot were taken into consideration when bail was considered. In May, a third coronial inquest delivered an open finding but was highly critical of the police involvement in the case. Doomadgee funeral, Palm Island elders call for justice rather than division. [86][87] A Crime and Misconduct Commission (CMC) criminal and misconduct investigation was launched into the whole affair,[85][87] [30], On 8 February 2005 an initial one-day directions hearing for a full coronial inquiry into the death in custody was held. Hurley was 201cm tall and weighed 115 kilograms. [23], An emergency situation was declared under the Public Safety Preservation Act 1986 (the Act) on the afternoon of the riot. [15] They converted the Bwgcolman Community School into a headquarters and sleeping barracks, and the St Michael's school bus was commandeered. She decided that the inquest would start afresh on 29 March 2005, with a three-day directions hearing in Brisbane. However, he made no claim that Hurley did a knee drop during that time.) [11][16], A crowd headed initially for the police station. 2016. Web Page. Police officers in riot gear, wearing balaclavas, with no identification and carrying large guns, marched into the community, conducting early-morning raids. The only people who deserve an apology are the police officers who were in the police station whilst it was being burnt down. (Id. Queensland Police Union President Denis Fitzpatrick demanded the rioters be charged with attempted murder of 12 police. [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. "There'll always be distrust, regardless of what police authority is in town. Forty minutes later he was dead in the jailhouse. Lex Wotton speaks out. Lawyers for both the Doomadgee family and Hurley asked that the Coroner disqualify himself (although for different reasons). Residents report officers pointing guns at children's heads and being tasered. [94] When the Premier opened the centre he was met with a generally hostile reception. Ms Aplin said it hurt her that deaths in police custody were still occurring. [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. Whatever happened in the corridor of the Palm Island police station on November 19th 2004, there is enough evidence for the Deputy Coroner to find Chris Hurley responsible for Cameron Doomadgee's death. Queensland Police Minister announces an extra 29 police officers for indigenous communities. Senior Sgt Hurley stood down following the coroner's findings. 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. [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. Supreme Court of the United States - Warren, Earl, Clark, Tom Campbell - Supreme Court of the United States, Stewart, Potter - Supreme Court of the United States, Wotton v State of Queensland (No 5) [2016] FCA 1457: Summary, Palm Island Riots: Federal Court Finds Police Acted with Impunity in Racial Discrimination Lawsuit, New Zealand: Bill Pardoning Mori Prophet Convicted in 1916 Passed, Canada: Supreme Court Rejects Appeal of Pakistani Canadian Pilot in Discrimination Case, Australia: Queensland Enacts Historic Human Rights Legislation, Australia: Foreign Fighters Bill Introduced in Parliament, Australia's 1967 Constitutional Referendum Related to Indigenous People: The Women Who Campaigned for "Yes". (Quebec (Commission (Mar. Almost 10 years ago Cameron Doomadgee died in police custody on Palm Island. In November 2004 a Palm Island man Cameron Doomadgee (Aboriginal name: Mulrunji) died in custody in a cell at the Palm Island police station after being picked up for allegedly causing a public nuisance. Snr Sgt Hurley faces Supreme Court charged with manslaughter and assault. 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. dangerous driving in which shots were allegedly fired at a getaway car in May 2015. assaulting a female colleague in February 2016. [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. The Palm Islanders rioted and burnt down the police station. Chris Hurley receives a confidential payout of A$102,955 from the Queensland Government. [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]. [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. Palm Island death in custody: Community still struggling to deal with memories 10 years on. The main suspect was Senior Sergeant Christopher Hurley, a charismatic cop with long . a convenience, and may not be complete or accurate. [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. [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. [23], Premier Peter Beattie visited Palm Island on Sunday 28 November, producing a five-point plan to restore order to local leaders. Terrence Alfred Kidner sentenced to 16 months in jail in Townsville District Court after pleading guilty to rioting on Palm Island. Deputy Coroner Christine Clements finds Snr Sgt Hurley responsible for Mulrunji's fatal injuries. It has even been earmarked by the State Government for development into a tourism mecca. "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. U.S. Reports: Peterson v. Greenville, 373 U.S. 244 (1962). The inquiry would begin on 28 February 2005. / 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. Patrick Bramwell, a cell-mate of Mulrunji, repeatedly attempted to set himself on fire after giving evidence before the first coronial inquest. 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. [41], The review resulted in the overturning of the DPP's decision, with Street finding there was sufficient evidence to prosecute Hurley with manslaughter. 45 minutes later Cameron Doomadgee is dead, his liver cleaved in two as you might see after a fatal car crash. Even the (Aboriginal) volunteer fire brigade had stones thrown at them while they tried to put out the courthouse and police station fires. Soon after the riot, the Queensland Police Union President Denis Fitzpatrick demanded the rioters be charged with attempted murder of 12 police. 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. [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. 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. 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 . "We wanted to make certain there was law and order to protect the community.". The history wars famously involved the 'black armband view of history'; a pejorative phrase used by conservatives to attack historians who they thought focussed too much on the negative impact of colonisation on Australia's indigenous [18] Clark and her Senior Policy Advisor were interviewed at length by the CMC. Aboriginal and Torres Strait Islander readers are advised this article contains the name and image of someone who has died. Cameron Doomadgee, 36, died in a police cell on November 19, 2004. "It was an extraordinarily difficult circumstance," Mr Beattie told the ABC. This book was first published in 2008. In his submissions to the Committee, Hurley pointed out the lack of an alcohol diversionary centre on Palm Island. The officer was later acquitted of manslaughter. [citation needed], They noted that the Coroner did not refer to that evidence in her report. [10], An autopsy report by Coroner Michael Barnes was produced for the family one week after the death. On November 19th 2004, Cameron Doomadgee, also known as Mulrunji, was arrested for allegedly causing a public nuisance. [85], Beattie ordered the Minister to pay the A$1,775 herself[85] although he would not go as far as to fire her over the controversy unless there was an adverse criminal or misconduct finding, he said that Yanner had no credibility, the Minister immediately took unscheduled holiday leave. Meanwhile Mulrunji taunted Bengaroo with words to the effect of "why does he help lock up his own people?". This was accepted as a possible means by which the injury could have occurred". 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. [6], Later the same day approximately 80 additional police from Townsville and Cairns were flown to Palm Island to restore order. The monument, a memorial to Cameron Mulrunji Doomadgee, has been moved to his sister Valmai Aplin's front yard on Palm Island, off Townsville. This page is not available in other languages. U.S. Reports: Shuttlesworth v. Birmingham, 394 U.S. 147 (1969). [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]. Sir Laurence advises there is enough evidence to prosecute Snr Sgt Hurley, who is officially suspended. 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". Large group of Palm Islanders and police turns up to watch. [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. [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. Buchanan, Kelly. 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. [65], The Police Union were apparently incensed that a police officer should be the first person in Queensland since the public prosecutor's office was established to be indicted based on a decision of someone other than the DPP and argued that it amounted to political interference in the Justice System. 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. November 19: Cameron Doomadgee, 36, dies in custody at Palm Island police station after being . 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. What really happened to Cameron Doomadgee? 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. 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. 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". 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. In response, residents took to the streets and burnt down buildings, including the police station. [50], On 14 May 2010 a new full coronial inquiry into the death in custody concluded. The media and the Beattie government ignored Doomadgee's death when it happened on November 19. "[51]), The Court concluded that the Coroner's finding that Hurley caused the death by punching was not reasonably open on the evidence. 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. The officer, Senior Sergeant Chris Hurley, who was charged for a death in custody, was acquitted by the jury in June 2007. Buchanan, Kelly. 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. [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. [12] On the first day of the inquiry the Coroner also disclosed that he had headed the complaints section of the Criminal Justice Commission in the early 1990s, when several complaints had been made about Hurley, but he had not handled the investigation and could not remember the complaints. He was locked up for being drunk and a public nuisance, and at the time of his arrest had no visible injuries. According to statements an ambulance was then called taking fifteen minutes to arrive. 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. (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. 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. 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. He was arrested by Senior Sargent Chris Hurley, accompanied by the Indigenous liaison police officer Lloyd Bengaroo, and was taken into custody. [17], The deceased was 181cm tall and weighed 74 kilograms. 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. (. [58], Sen. Sgt. In response to the findings, riots break out on the island. 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. "Just hope nobody goes through that, what we went through, especially on this island.". 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. 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. Documentary film director Tony Krawitz opined in an interview that "something really violent happened" and shortly after stated "It wasn't treated as a murder investigation which is what was meant to have happened. [8], For the following week public meetings were held on the Island due to anger rising in the community about the death. A resident and his partner were later awarded A$235,000 in compensation for assault, battery and false imprisonment. The officer, Senior Sergeant Chris Hurley, who was charged for a death in custody, was acquitted by the jury in June 2007. [25], On 1 December 2004 three more rioters were arrested, all women: a 65-year-old grandmother, her daughter, and the daughter of a Palm Island Councillor. Mulrunji, 36, dies in custody at Palm Island police station after being arrested for being drunk and causing a nuisance. "And everyone also wanted a fair and impartial investigation into what really happened.". 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. . Conditions were imposed such as not being allowed to return to Palm Island, not even for the funeral of Mulrunji. 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. He said that due to the unreliability of police and Aboriginal witnesses he could not make a definitive finding. 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. Publications of the Library of Congress are works of the United States Government as defined in theUnited States Code 17 U.S.C. A 36 year old Aboriginal man, Cameron Doomadgee, is arrested for swearing at a police officer. ), The Queensland government and QPS said they would carefully consider the judgment before commenting further. (Id.). Police officers seek refuge at the island's hospital and are airlifted to safety. "I think that's something at the end of the day that we have to live with.". "We wouldn't have [decorated] it down there," Ms Aplin said. In mid-February 2005 Chris Hurley resumed duties after three months on paid leave. He was taken into custody by Senior Sargeant Chris Hurley, accompanied by . 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. In 2011 a documentary was made. 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. [27], Four people were prosecuted for the riot and were acquitted. [45] Public funded investigation and prosecution alone cost at least A$7 million. The death of Mulrunji Doomadgee and the illusion of postcolonial Australia SARAH KEENAN REFERENCES 1. [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". Riot, police raids, and racial discrimination, Palm Island death surrounding controversy, Last edited on 18 February 2023, at 19:37, Royal Commission into Aboriginal Deaths in Custody, Human Rights and Equal Opportunity Commission, Graham Perkin Australian Journalist of the Year Award, The Tall Man: Death and Life on Palm Island, Walkley Foundation Long-form Journalism: Documentary award, The Dualism of Agency and the Australian Settler-State in the Twenty First Century: The Palm Island Riot of 2004 and the Aftermath, "Suspended Senior Sergeant Chris Hurley faces criminal charges", "Controversial ex-cop Chris Hurley appeals conviction over wild Gold Coast police chase", "Former cop Chris Hurley's penalty for assaulting a motorist reduced", "Queensland police breached discrimination act on Palm Island, court finds", "Palm Island riots class action payout 'slap in face' to police, union says", "Police run for their lives as rioters torch buildings in a tropical island rampage", Office of the State Coroner "Finding of Inquest", "Australia Day recalls matters of life, death and justice", "Australian coroner: Police killed Aboriginal prisoner on Palm Island", "Aboriginal death in custody triggers Palm Island riot", "Palm Island man compensated for wrongful arrest after 2004 riots", "Not Guilty all 4 defendants in Palm Island 'riot' trial", "Accused Palm Is rioter withdraws guilty plea", Interest in black deaths in custody renews, "Palm Island judge quits over conflict of interest", "Aboriginal leaders applaud Mulrunji review appointment", "Policeman to be charged over Palm Island death", Anfry (sic) Palm Islanders want Mulrunji Royal Commission, "Police colluded to protect Senior Sergeant Chris Hurley over death in custody of Cameron Doomadgee Coroner", "New dad Senior Sergeant Chris Hurley faces custody death probe", "Overcrowding central to Palm Island's problems: report", "Palm death cop Chris Hurley got $100,000 payout", "Officer's blow killed Mulrunji says coroner", "Police union boss to face court on contempt charge", "Police union boss admits contempt over coroner remarks", "Our man wins Journalist of the Year award", "Brisbane artist draws parallels between treatment of asylum seekers and Indigenous Australians", "Queensland police officer Cop Chris Hurley fined for assaulting co-worker", "Timeline: The death of Mulrunji Doomadgee", "7.30 Report Interest in black deaths in custody renews", "Many Ways Forward: Report of the inquiry into capacity building and service delivery in Indigenous communities Appendix C", "Commissioner's statement re Senior Sergeant Hurley death", "Family of Palm Island man who died in police custody relieved memorial has new home", "NIT FORUMS: History repeats, over and over", Palm Island Death in Custody: Cameron Doomadgee, Report of the Attorney General to the Legislative Assembly, https://en.wikipedia.org/w/index.php?title=2004_Palm_Island_death_in_custody&oldid=1140163872.
