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. The Palm Islanders rioted and burnt down the police station. Instead they ordered that the Coronial Inquiry be reopened to re-examine the facts as the original Coronial Inquiry findings were set aside. [11][16], As the riot occurred during the school lunch break, it was witnessed by many children. 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. [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 only people who deserve an apology are the police officers who were in the police station whilst it was being burnt down. (Id. [43], In June 2007 the Townsville-based trial of Chris Hurley on charges of assault and manslaughter took place. U.S. Reports: Hamm v. City of Rock Hill, 379 U.S. 306 (1964). Lawyers for both the Doomadgee family and Hurley asked that the Coroner disqualify himself (although for different reasons). "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. [41], The review resulted in the overturning of the DPP's decision, with Street finding there was sufficient evidence to prosecute Hurley with manslaughter. 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. [citation needed], They noted that the Coroner did not refer to that evidence in her report. 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. [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. "We were trying to ensure the protection of the community, the protection of the police and government servants who worked there. 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. 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. While Gladys retrieved her medication, Patrick Bramwell was outside. 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. (Palm Island Riots: Federal Court Finds Police Acted with Impunity in Racial Discrimination Lawsuit,supra.) Residents report officers pointing guns at children's heads and being tasered. Officers preferred confrontation to engagement and operated very much with an us and them attitude. But Councillor Lacey said the islanders needed more time to deal with the past before that would be possible. The Premier accepted responsibility for giving "a new minister such a tough portfolio". A resident and his partner were later awarded A$235,000 in compensation for assault, battery and false imprisonment. [39] Included in the allegations made against Hurley was that he wrongfully caused the death of Mulrunji. "The mischief lies in what was an abandonment of the truth to avoid the possibility of short-term political embarrassment. Residents accused Senior Sergeant Hurley of murder, but he was acquitted of manslaughter in 2007 by an all-white jury. Web Page. An hour earlier he was very much alive, singing along the street. 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. 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. This page was last edited on 18 February 2023, at 19:37. However, he made no claim that Hurley did a knee drop during that time.) 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". Queensland's then premier Peter Beattie declared a state of emergency and dozens of riot squad members were flown in to control the crowd. 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 After a long battle Agnes' discovery is finally published, but this does not put an end to the twins' travels. Queensland Director of Public Prosecutions Leanne Clare announces that no charges will be laid against Senior Sergeant Chris Hurley over Mulrunji's death. ), Mulrunjis autopsy showed that he died of major internal injuries. 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. Townsville District Court Judge Bob Pack hands down a ruling upholding Chris Hurley's appeal and ordering a fresh inquest in Mulurunji's death. [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. On the day the autopsy results were read out, Palm Island resident Lex Wotton led angry residents on a riot through the town. State Coroner Michael Barnes orders a second autopsy be conducted. [11], Initially 13 Palm Islanders were arrested and charged. Palm Islanders riot. Police began taking statements from witnesses. The main suspect was Senior Sergeant Christopher Hurley, a charismatic cop with long . Snr Sgt Hurley faces Supreme Court charged with manslaughter and assault. Yanner and Foster refused to cooperate with the investigation. (. 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 . Mr Beattie admitted the events surrounding the death in custody severely damaged relationships. The Minister Liddy Clark, who was a former Play School presenter, immediately resigned from the Cabinet to become a backbencher. 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. [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. Buchanan, Kelly. [23], An emergency situation was declared under the Public Safety Preservation Act 1986 (the Act) on the afternoon of the riot. [20] The local courthouse, police station, Hurley's home and the police barracks were burned down. Retrieved from the Library of Congress, . Conditions were imposed such as not being allowed to return to Palm Island, not even for the funeral of Mulrunji. [16] They appeared to have jumped to a conclusion given their description of the death as "cold blooded murder". He is drunk, and as they arrive at the station he strikes Senior Sergeant Christopher Hurley in the face. Councillor Lacey agreed Palm Island was a different place now. 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. He believed that the evidence left room for a finding that a knee drop may have occurred. Buchanan, Kelly. The case arose from the 2004 death in custody of Mulrunji, previously known as Cameron Doomadgee, whose treatment sparked riots on the island. [11][16], A crowd headed initially for the police station. "Brought it up home and it made a big healing process for all of us," Ms Aplin said. Family of Palm Island man who died in police custody relieved memorial has new home. In his submissions to the Committee, Hurley pointed out the lack of an alcohol diversionary centre on Palm Island. / We also acknowledge all those who lost their lives in custody across Australia. [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]. 2016. 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". Mulrunji was affected by alcohol and struggled with Hurley, leading to a fall near the door to the police station. A number of others involved in the riot also faced criminal proceedings. [50], On 14 May 2010 a new full coronial inquiry into the death in custody concluded. Their report[55] was tabled on 25 August 2005. (Racial Discrimination Act 1975 (Cth). "I don't want my grand children to forget him," she said. During this time no attempts were made to resuscitate the prisoner, although the autopsy found that there would have been no chance of saving him. The death of Mulrunji Doomadgee and the illusion of postcolonial Australia SARAH KEENAN REFERENCES 1. In achieving these objectives, issues such as drug and alcohol abuse and unemployment would also be addressed.[56]. "There's no trust, but all you can do is work together to change things.". I have found they conducted themselves, including Senior Sergeant Hurley while he was there, with a sense of impunity, impervious to the reactions and perceptions of Palm Islanders who were, in large numbers, distressed and agitated about the death of Mulrunji. Forty-two minutes later a second police officer observed that Mulrunji was a strange colour and was cold to the touch. 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. 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. [21], Numerous police officers were flown into Palm Island following the riot. However, he found that Hurley punched Mulrunji in the face and abused him while attempting to get him into the station, and found that police colluded to protect Hurley. [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. This was accepted as a possible means by which the injury could have occurred". On November 19th 2004, Cameron Doomadgee, also known as Mulrunji, was arrested for allegedly causing a public nuisance. 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. [6], Later the same day approximately 80 additional police from Townsville and Cairns were flown to Palm Island to restore order. The police who had been stationed on the island indicated through the Union that they did not wish to return to Island duties. ), 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 kids that roam the streets at night, they would have wrecked it. Mulrunji, 36, dies in custody at Palm Island police station after being arrested for being drunk and causing a nuisance. [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. 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. [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. 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. Lex Wotton speaks out. It detailed 65 recommendations which seek to reduce violence and overcrowding, and improve standards of education and health. / 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. [27], Four people were prosecuted for the riot and were acquitted. Coronial inquiry into Mulrunji's death begins. Residents report officers pointing guns at children's heads and being tasered. [29], Mulrunji's Family had suspicions about the results of the first autopsy by the Queensland government pathologist. Cameron Doomadgee, 36, died in the Palm Island watch-house in 2004 after being arrested by Queensland police 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. 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 [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. ), Cameron Doomadgee (commonly called Mulrunji), a 36-year-old Aboriginal man, died in police custody on Palm Island on November 19, 2004. Australia: Police Response to Aboriginal Death in Custody and Ensuing Riot Ruled Discriminatory. Australia: Police Response to Aboriginal Death in Custody and Ensuing Riot Ruled Discriminatory. 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. "Without a doubt we learnt very many things from our response at Palm Island way back 10 years ago," he said. "Everyone in the end really wanted to know what really happened. Cameron Doomadgee (who was also known by his tribal name of Mulrunji) was a resident of Palm Island. Procedures for taking of statements from illiterate Aboriginal people were not followed, including the requirement to have a representative present who understands the process (preferably a legal representation). 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. It's peaceful.". 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 subsequent trial of Senior Sergeant Chris Hurley - who had been decorated . We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. (Bramwell was an exclusive witness for only 6 to 10 seconds, and volunteered incriminating evidence at the Coronial hearing that Hurley punched Mulrunji. She also accused the police of failing to investigate his death fully. 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. ", "[I] come out every night, just sitting down [beside the memorial]. However, Leafe said he believed Hurley's prosecution was a cynical political exercise. 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. Aboriginal and Torres Strait Islander readers are advised this article contains the name and image of someone who has died. 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. Cameron's brother Lloyd Doomadgee. [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 In response to the findings, riots break out on the island. The media and the Beattie government ignored Doomadgee's death when it happened on November 19. [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. https://www.loc.gov/item/global-legal-monitor/2016-12-09/australia-police-response-to-aboriginal-death-in-custody-and-ensuing-riot-ruled-discriminatory/. [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 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. 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. Chris Hurley receives a confidential payout of A$102,955 from the Queensland Government. The police who had been stationed on the island indicated through the Union that they did not wish to return. U.S. Reports: Dresner v. City of Tallahassee, 375 U.S. 136 (1963). Senior Sergeant Christopher Hurley was the officer who arrested Mr Doomadgee. 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. The racial aspects of the story are alarming, so too is the idea that police can act with impunity. [1] The death of Mulrunji led to civic disturbances on the island and a legal, political and media sensation that continued for fourteen years. 13.05 MB. [12][25] 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. the inappropriate and partial treatment of SS Hurley; the conduct of DSS Kitching in relation to the autopsy report; the failure to communicate with Palm Islanders and defuse tensions in the intervening week between Mulrunjis death and the protests and fires; the making and continuation of the emergency declaration after the evening of 26 November 2004; and, the arrests, entries and searches of the houses of the applicants and the subgroup members. 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. "There'll always be distrust, regardless of what police authority is in town. The inquiry would begin on 28 February 2005. Hurley was 201cm tall and weighed 115 kilograms. Police officers in riot gear wearing balaclavas with no identification, carrying large guns march into the community conducting early-morning raids. Yet two days after the Palm . [18] It was reasoned that if they stayed in a different community in Townsville there was a low likelihood of re-offending. He was then dragged limp and unresponsive into a cell and died within the next hour. 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. "Everyone was angry," he said. Gladys requested that Hurley accompany her so that she could safely get medication from Bramwell's house. The police claimed he had tripped on a step. Says he has come to terms with the fact he caused the death, but strongly denies any intention to cause harm. [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. In response an angry mob burned down the police . She awarded AU$220,000 (about US$164,000) in damages to the applicants. Fearing that the lyrics of the song might prejudice the case against their client, Chris Hurley's legal team referred the song to Queensland's Attorney-General, Kerry Shine, in an attempt to get the song banned or the lyrics changed. He was locked up for being drunk and a public nuisance, and at the time of his arrest had no visible injuries. But Doomadgee's family says no amount of money will . Even the (Aboriginal) volunteer fire brigade had stones thrown at them while they tried to put out the courthouse and police station fires. 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. Cameron Doomadgee's funeral on Palm Island in 2004. [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, K. (2016) Australia: Police Response to Aboriginal Death in Custody and Ensuing Riot Ruled Discriminatory. 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. Crime and Misconduct Commission announces a review of policing in indigenous communities. 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. [23], Premier Peter Beattie visited Palm Island on Sunday 28 November, producing a five-point plan to restore order to local leaders. [68][69] Although band's management claimed that while the lyrics of the song reference the Chris Hurley case, that they were not specific enough to warrant a ban,[70] they changed the lyrics of the song before releasing the album. The Council boycotted the ceremony and only thirty people attended the ceremony, half of whom were holding placards demanding more money be spent on employment and health services. This book was first published in 2008. 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. 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. The officer could not find a pulse. Second inquiry begins with Deputy Coroner Christine Clements as Acting Coroner. Terrence Alfred Kidner sentenced to 16 months in jail in Townsville District Court after pleading guilty to rioting on Palm Island. I found this a confronting and uncomfortable read. Cameron Doomadgee was picked up and arrested on November 19, 2004 for allegedly causing a public nuisance. 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 . She found that the following conduct of QPS officers contravened s 9(1) of the RDA: In the summary of her judgment, Justice Mortimer stated: 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. The officer, Senior Sergeant Chris Hurley, who was charged for a death in custody, was acquitted by the jury in June 2007. [11] Palm Island is a picturesque haven of sweeping coastlines and vibrant rainforests. 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. [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.