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. Dozens of police officers are flown into Palm Island. [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. Coronial inquiry into Mulrunji's death begins. ), 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.). Palm Islanders riot. Jury acquits Hurley on manslaughter and assault charges. 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. Former NSW chief justice Sir Laurence Street starts review of DPP's decision. The song was to be released as part of their 2007 album Dream Days at the Hotel Existence. 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. 6, 2019) On February 27, 2019, the Queensland Parliament passed the Human Rights Bill 2018 (Qld), making it the third jurisdiction in Australia to enshrine human rights protections in such legislation. (Sept. 30, 2014) On September 24, 2014, the Australian Attorney-General, George Brandis, introduced the Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014 in the Senate. An hour earlier he was very much alive, singing along the street. [11][16] The officer could not find a pulse. While Gladys retrieved her medication, Patrick Bramwell was outside. [13], When Mulrunji's sister brought lunch for him to the front section of the police station, she was not informed of events and was told to leave. The police who had been stationed on the island indicated through the Union that they did not wish to return to Island duties. [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. "There's no trust, but all you can do is work together to change things.". 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. 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 . What happened in the 45 minutes from Doomadgee's arrest till his death should weigh heavily on Australian audiences. Mr Stewart said several measures had been put in place to repair the damaged relationships. 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. When alerted to this, Hurley came into the cell and thought he could detect a pulse. [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. 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. "[5], The raids, found to be racist, resulted in a record $30 million class action settlement. He appeared intoxicated and was swearing at the police. [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. As he had no visible injuries at the time of his arrest, there was an autopsy that revealed massive internal injuries. Lawyers for both the Doomadgee family and Hurley asked that the Coroner disqualify himself (although for different reasons). In response an angry mob burned down the police . His grandmother complained to Hurley, who then arrested him. The racial aspects of the story are alarming, so too is the idea that police can act with impunity. In response, residents took to the streets and burnt down buildings, including the police station. Section 9(1) of the Act states that, [i]t is unlawful for a person to do any act involving a distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of any human right or fundamental freedom in the political, economic, social, cultural or any other field of public life. 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. In his submissions to the Committee, Hurley pointed out the lack of an alcohol diversionary centre on Palm Island. In May, a third coronial inquest delivered an open finding but was highly critical of the police involvement in the case. Senior Sergeant Christopher Hurley was the officer who arrested Mr Doomadgee. (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. [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. [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. Hurley then reentered the car and talked with Bengaroo briefly. Publications of the Library of Congress are works of the United States Government as defined in theUnited States Code 17 U.S.C. Hurley drove her to the house in the police vehicle. "There'll always be distrust, regardless of what police authority is in town. This page was last edited on 18 February 2023, at 19:37. [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. November 19: Cameron Doomadgee, 36, dies in custody at Palm Island police station after being . Rioters burn down the police station, courthouse and the home of officer-in-charge Senior Sergeant Chris Hurley. 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. 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. "Brought it up home and it made a big healing process for all of us," Ms Aplin said. [15], On Friday 26 November 2004 the results of the autopsy report were read to a public meeting by then Palm Island Council Chairwoman Erykah Kyle. The inquest proceedings are stalled after allegations of bias are made against Mr Barnes. In addition, a subgroup of people were also represented, being those who were affected by an operation carried out by armed officers of the Special Emergency Response Team (SERT) on 27 and 28 November 2004, and which included children who were in or near the houses that were entered and searched by SERT officers. (Id. [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". [46], In September 2008, Hurley's lawyers appealed Coroner Clements' findings (September 2006) that he had killed Mulrunji with three fatal punches. The police claimed he'd tripped on a step, but his liver was ruptured. Deputy Coroner Christine Clements finds Snr Sgt Hurley responsible for Mulrunji's fatal injuries. "I'd like to see it being a nice little, nice prosperous town, a lot of employment in the town, investment in the town. It has even been earmarked by the State Government for development into a tourism mecca. Chris Hurley faced disciplinary actions after being transferred to the Gold Coast including for: A resident and his partner were later awarded $235,000 compensation for assault, battery and false imprisonment. [94] When the Premier opened the centre he was met with a generally hostile reception. A CMC report leaked to the media reportedly recommends that 7 officers will face charges. Mulrunji was affected by alcohol and struggled with Hurley, leading to a fall near the door to the police station. The monument, a memorial to Cameron Mulrunji Doomadgee, has been moved to his sister Valmai Aplin's front yard on Palm Island, off Townsville. U.S. Reports: Dresner v. City of Tallahassee, 375 U.S. 136 (1963). 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 Snr Sgt Hurley faces Supreme Court charged with manslaughter and assault. [20] The local courthouse, police station, Hurley's home and the police barracks were burned down. Palm Island is a picturesque haven of sweeping coastlines and vibrant rainforests. 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. Second inquiry begins with Deputy Coroner Christine Clements as Acting Coroner. [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]. The police claimed he had tripped on a step. [15], During the weekend the tactical response group searched many homes. 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. In response to the findings, riots break out on the island. They appeared before the Townsville Magistrates Court on Monday 29 November 2004, the first business day after the riot. 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. [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/. [62] As a result he was charged with contempt of court by the Attorney General. 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. However, he made no claim that Hurley did a knee drop during that time.) [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. Chris Hurley received a confidential payout of A$100,000 from the Queensland Government in February 2005. [59] Instead they ordered that the Coronial Inquiry be reopened to re-examine the facts as the original Coronial Inquiry findings were set aside. The injury may have been caused by Hurley falling on the deceased. 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 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 . "I think that's something at the end of the day that we have to live with.". The case arose from the 2004 death in custody of Mulrunji, previously known as Cameron Doomadgee, whose treatment sparked riots on the island. Web Page. [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. 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 . But Doomadgee's family says no amount of money will . Mulrunji was placed in the two-cell lockup which was the back section of the Palm Island Police Station. 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. Cars and machinery were driven onto the runway, blocking all aircraft movement. According to statements an ambulance was then called taking fifteen minutes to arrive. But as the story progresses the moral ground tilts. [37] She reportedly received advice from former Supreme Court judge James B. Thomas before making this decision. Australia: Police Response to Aboriginal Death in Custody and Ensuing Riot Ruled Discriminatory. 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. [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. Police officers in riot gear wearing balaclavas with no identification, carrying large guns march into the community conducting early-morning raids. "It was an extraordinarily difficult circumstance," Mr Beattie told the ABC. [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. After the trial concluded the Union released advertisements against the Beattie Queensland government, comparing the government to Robert Mugabe and his government. I want people to have love". Police began taking statements from witnesses. [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. During this time no attempts were made to resuscitate the prisoner, although the autopsy found that there would have been no chance of saving him. Chris Hurley points out lack of alcohol diversionary program on Palm Island meaning that the only option for drunk and disorderly Palm Islanders is to take them to the watchhouse. The strong police presence was not welcome on the island. 2016. Their report[55] was tabled on 25 August 2005. 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. 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. https://www.loc.gov/item/global-legal-monitor/2016-12-09/australia-police-response-to-aboriginal-death-in-custody-and-ensuing-riot-ruled-discriminatory/. The Premier accepted responsibility for giving "a new minister such a tough portfolio". "The kids that roam the streets at night, they would have wrecked it. 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 Cameron Doomadgee died at the age of 36. He said that due to the unreliability of police and Aboriginal witnesses he could not make a definitive finding. [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. One of the sisters needed to be airlifted to Townsville Hospital due to her condition as a result of Bramwell's assault. 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. 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. [12][25] He was then dragged limp and unresponsive into a cell and died within the next hour. Another notable condition of bail was that they were not to attend rallies or marches over the death in custody. Councillor Lacey agreed Palm Island was a different place now. Snr Sgt Hurley breaks silence, testifying in his own defence. Soon after the riot, the Queensland Police Union President Denis Fitzpatrick demanded the rioters be charged with attempted murder of 12 police. Officers tried to barricade themselves as they were attacked with sticks and rocks, and told to leave the island. Two young men commit suicide as a direct result of Doomadgee's death. The main suspect was Senior Sergeant Christopher Hurley, a charismatic cop with long . 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. "And everyone also wanted a fair and impartial investigation into what really happened.". They would have pulled everything off. It is not an easy one to tell. / 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. 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 At trial he only gave his revised estimate. State budget announces boost to police numbers in indigenous communities, more CCTV cameras for watchhouses. 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. Included in the duties of the CMC is investigating allegations of police misconduct. 2016. "We sometimes involve members of the community in the selection processes, but we certainly involve the community when a new officer arrives.". [54], In his findings, Coroner Brian Hine disagreed with the Supreme Court of Appeal regarding the knee drop. The resolution specifically asked that the Centre not be in the possession of the Police Citizens Youth Club Association or the Queensland Police Service. What really happened to Cameron Doomadgee? 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. [26], By 6 December 2004, 19 accused were granted bail by the Queensland Chief Magistrate. [1] The death of Mulrunji led to civic disturbances on the island and a legal, political and media sensation that continued for fourteen years. ), 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.) ), The applicants in the case were Lex Wotton, his partner Cecilia Wotton, and his mother Agnes Wotton. Palm Island death in custody: Community still struggling to deal with memories 10 years on. Please help update this article to reflect recent events or newly available information. [23], Premier Peter Beattie visited Palm Island on Sunday 28 November, producing a five-point plan to restore order to local leaders. [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. Private investigator hired to carry out an independent investigation into Mulrunji's death. Aboriginal and Torres Strait Islander readers are advised this article contains the name and image of someone who has died. This year, hundreds of Palm Islanders affected by the events received compensation as part of a $30 million State Government class action settlement. In mid-February 2005 Chris Hurley resumed duties after three months on paid leave. The memorial is now surrounded by tinsel, fairy lights, flowers and a turtle ornament, which represents Mr Doomadgee's hunting skills. A timeline of events flowing from the death in custody of Palm Island man Cameron Doomadgee: 2004. 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. 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. 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. Hurley was 201cm tall and weighed 115 kilograms. This service may include material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service which is copyright and cannot be reproduced. "Without a doubt we learnt very many things from our response at Palm Island way back 10 years ago," he said. ", 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]. [32] Although he had not been involved in the investigation, Barnes was the officer who made the final determination that the complaints were unsubstantiated. Clark and her Senior Policy Advisor were interviewed at length by the CMC. [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. 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. [89], Even though the Minister had already personally paid the cost of the airfare the Queensland Government ministerial services still pursued Yanner and Foster for the money on behalf of Ms. Clark however they refused to pay. (Bramwell was an exclusive witness for only 6 to 10 seconds, and volunteered incriminating evidence at the Coronial hearing that Hurley punched Mulrunji. 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". [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]. "We wanted to make certain there was law and order to protect the community.". [10], An autopsy report by Coroner Michael Barnes was produced for the family one week after the death. [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. "Just hope nobody goes through that, what we went through, especially on this island.". Yet two days after the Palm . Police officers in riot gear, wearing balaclavas, with no identification and carrying large guns, marched into the community, conducting early-morning raids. It detailed 65 recommendations which seek to reduce violence and overcrowding, and improve standards of education and health. "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. (Palm Island Riots: Federal Court Finds Police Acted with Impunity in Racial Discrimination Lawsuit,supra.)
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what happened to cameron doomadgee