Queensland Police Union President Denis Fitzpatrick demanded the rioters be charged with attempted murder of 12 police. 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 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 . [20] The local courthouse, police station, Hurley's home and the police barracks were burned down. 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 . Says he has come to terms with the fact he caused the death, but strongly denies any intention to cause harm. He was taken into custody by Senior Sargeant Chris Hurley, accompanied by . The coroners preliminary report found that Mulrunji died after falling over a step. Children witnessed their parents being arrested and taken to Townsville for committing crimes such as public drunkenness and common assault. (, 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 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. 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. 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 The Queensland government has reached a $30 million settlement with Palm Island residents in a class action in the Federal Court over the 2004 Palm Island riots that followed the death in police custody of Aboriginal man Cameron Doomadgee. [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. ), Wotton was later convicted of inciting a riot and served 19 months in prison before being released on parole. Mulrunji - We Are Not The Problem State Coroner Michael Barnes stands down from the inquiry after claims of bias. [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 [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. When the autopsy results were released, about a week after his death, Lex Wotton, an indigenous activist, led angry residents on a riot through the town. (Palm Island Riots: Federal Court Finds Police Acted with Impunity in Racial Discrimination Lawsuit, ABC NEWS (Dec. 5, 2016).) [45] Public funded investigation and prosecution alone cost at least A$7 million. Cameron Doomadgee's funeral on Palm Island in 2004. Residents report officers pointing guns at children's heads and being tasered. U.S. Reports: Dresner v. City of Tallahassee, 375 U.S. 136 (1963). Buchanan, Kelly. [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. 16 barristers and solicitors appeared representing the Queensland Government, the Doomadgee family, the Human Rights and Equal Opportunity Commission and the Queensland Police Service. The only people who deserve an apology are the police officers who were in the police station whilst it was being burnt down. (Id. Family of Palm Island man who died in police custody relieved memorial has new home. The injury may have been caused by Hurley falling on the deceased. The Tall Man: Probing a prisoner's death on Australia's Palm Island Their report[55] was tabled on 25 August 2005. 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. "Without a doubt we learnt very many things from our response at Palm Island way back 10 years ago," he said. Mulrunji was affected by alcohol and struggled with Hurley, leading to a fall near the door to the police station. [15], During the weekend the tactical response group searched many homes. "I don't regret what happened at that particular time," he said. "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. [50], The Court then addressed the Attorney-General and the appellants' argument that only the Coroner's finding that punching caused the fatal injuries should be set aside as a result of the medical evidence. Police response to Palm Island Aboriginal death in custody ruled On the day the autopsy results were read out, Palm Island resident Lex Wotton led angry residents on a riot through the town. Show [34], In late September 2006, Clements found that Doomadgee was killed as a result of punches by Hurley. [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. Cameron Doomadgee, 36, died in a police cell on November 19, 2004. 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. 2016. "That was a bit sad for us to see all that still going on," Ms Aplin said. It's peaceful.". "There will always be tension because there's not enough communication between police and community. In response, residents took to the streets and burnt down buildings, including the police station. 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 believed that the evidence left room for a finding that a knee drop may have occurred. Residents report officers pointing guns at children's heads and being tasered. The police claimed he had tripped on a step. 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. 105and therefore are not subject to copyright and are free to use and reuse. According to statements an ambulance was then called taking fifteen minutes to arrive. Mulrunji was placed in the two-cell lockup which was the back section of the Palm Island Police Station. Cameron Doomadgee (who was also known by his tribal name of Mulrunji) was a resident of Palm Island. dangerous driving in which shots were allegedly fired at a getaway car in May 2015. assaulting a female colleague in February 2016. Deputy Coroner Christine Clements finds Snr Sgt Hurley responsible for Mulrunji's fatal injuries. [13] He had spent the morning investigating complaints by sisters Gladys, Andrea and Anna Nugent that Roy Bramwell had assaulted them. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. 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. Two young men commit suicide as a direct result of Doomadgee's death. By Damien Carrick on Law Report. [39] Included in the allegations made against Hurley was that he wrongfully caused the death of Mulrunji. [17], The deceased was 181cm tall and weighed 74 kilograms. [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. PDF Office of The State Coroner Finding of Inquest This was accepted as a possible means by which the injury could have occurred". 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. 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. Publications of the Library of Congress are works of the United States Government as defined in theUnited States Code 17 U.S.C. [62] As a result he was charged with contempt of court by the Attorney General. The subsequent trial of Senior Sergeant Chris Hurley - who had been decorated . From the time he was found unresponsive in that concrete. "Just hope nobody goes through that, what we went through, especially on this island.". Within an hour Mr Doomadgee was found dead in a cell at Palm Island police station. 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". 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. No justice a decade on from horrific Palm Island death in custody [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. They quoted the Coroner's observations about the cause of death and that the "consensus of medical opinion was that severe compressive force applied to the upper abdomen, or possibly the lower chest, or both together, was required to have caused this injury", and that "medical witnesses were asked to consider whether the application of a knee or an elbow, whilst [the deceased] was on the hard flat surface, either during or separate to the fall could have caused the mechanism of injury. Palm Islanders riot. ", 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]. Tall Man: The Death of Doomadgee by Chloe Hooper | Goodreads a knee drop. Doomadgee family still haunted by Palm Island death ten years on "I don't want my grand children to forget him," she said. Buchanan, K. (2016) Australia: Police Response to Aboriginal Death in Custody and Ensuing Riot Ruled Discriminatory. 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 Tall Man - Reading Australia In 2011 a documentary was made. Yanner and Foster refused to cooperate with the investigation. 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. Shanahan resigned after it was revealed he had sat on the panel that originally appointed Clare as DPP in 1999. (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. Hurley then reentered the car and talked with Bengaroo briefly. (Id.) 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. It has even been earmarked by the State Government for development into a tourism mecca. [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 death of Mulrunji Doomadgee and the illusion of postcolonial Australia SARAH KEENAN REFERENCES 1. Senior Sergeant Christopher Hurley was the officer who arrested Mr Doomadgee. 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. (Dec. 9, 2016) On December 5, 2016, the Federal Court of Australia found in favor of an Aboriginal community from Palm Island, Queensland, in a class action case involving claims that officers of the Queensland Police Service (QPS) engaged in racial discrimination in responding to a riot that took place in 2004 following the death of an Aboriginal man in police custody. The family also hired a private investigator to conduct an independent investigation of the death. Tall Man - RMHealey 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 ". [26], By 6 December 2004, 19 accused were granted bail by the Queensland Chief Magistrate. [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. "[91], Some months after the riot the 24-member Labor Party (ALP) branch on Palm Island publicly revolted against Queensland Premier Peter Beattie, writing a letter to him through local State Member Mike Reynolds outlining grievances against the State Government Labor Party administration. Palm Island: Police terror follows death in custody | Green Left [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. 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. ), Mulrunjis autopsy showed that he died of major internal injuries. Book Review | 'Tall Man: The Death of Doomadgee,' by Chloe Hooper - The Mulrunji, 36, dies in custody at Palm Island police station after being arrested for being drunk and causing a nuisance. He was locked up for being drunk and a public nuisance, and at the time of his arrest had no visible injuries. The Palm Islanders rioted and burnt down the police station. This page was last edited on 18 February 2023, at 19:37. Palm Island verdict: 12 years in the making | SBS News 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. "And everyone also wanted a fair and impartial investigation into what really happened.". What happened in the 45 minutes from Doomadgee's arrest till his death should weigh heavily on Australian audiences. This page is not available in other languages. 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. Clark and her Senior Policy Advisor were interviewed at length by the CMC. Police discriminated against Palm Island's Indigenous community Soon after the riot, the Queensland Police Union President Denis Fitzpatrick demanded the rioters be charged with attempted murder of 12 police. Clark maintained that she had never spoken to Yanner or Foster, that she had not directed her Senior Policy Advisor to politically cover for her with the alleged deal and that Yanner and Foster were definitely told that they would have to pay the airfare back. "But the history's never going to go away - it hasn't gone away for the last decade, it will continue on.". "We sometimes involve members of the community in the selection processes, but we certainly involve the community when a new officer arrives.". The officer, Senior Sergeant Chris Hurley, who was charged for a death in custody, was acquitted by the jury in June 2007. His name was Cameron Doomadgee, and in her new book, "Tall Man," Chloe Hooper sets out to tell his story. Sir Laurence advises there is enough evidence to prosecute Snr Sgt Hurley, who is officially suspended. The Court did not accept that inevitably follows and pointed out that Bramwell's evidence could be said not to "leave room for such an occurrence". What really happened to Cameron Doomadgee? [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. [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]. 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. The officer was later acquitted of manslaughter. Councillor Lacey agreed Palm Island was a different place now. Australia: Police Response to Aboriginal Death in Custody and Ensuing Riot Ruled Discriminatory. Tall Man, the Death of Doomadgee - amazon.com In mid-February 2005 Chris Hurley resumed duties after three months on paid leave. 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. [citation needed], They noted that the Coroner did not refer to that evidence in her report. Web Page. / 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. [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. Ms Aplin said she was grateful the council helped moved the rock just in time for this year's anniversary of Mr Doomadgee's death. 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. Cameron's brother Lloyd Doomadgee. [61], When Coroner Barnes disqualified himself from the inquiry the QPU called for him to be sacked immediately from the position of state coroner for the indiscretion of drinking with one of the lawyers during the inquest. Included in the duties of the CMC is investigating allegations of police misconduct. When they learnt of his death, Palm Islanders rioted, and burnt the police station down. [11][16], A crowd headed initially for the police station. Please help update this article to reflect recent events or newly available information. The circumstances leading up to the riot were taken into consideration when bail was considered. Patrick Bramwell, a cell-mate of Mulrunji, repeatedly attempted to set himself on fire after giving evidence before the first coronial inquest. ), 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.). [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. Later the timing of the "emergency" was disputed by lawyers for the Palm Island community. 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. There was much debate over the appropriateness of the police and government response to the riot. [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/. (Id. 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". However, Leafe said he believed Hurley's prosecution was a cynical political exercise. Conditions were imposed such as not being allowed to return to Palm Island, not even for the funeral of Mulrunji. Cameron Doomadgee, an Aboriginal Australian, was aged 36 when he died, at about 11:20am on Palm Island, one hour after being picked up for allegedly causing a public nuisance. Police Commissioner Ian Stewart admitted mistakes were made with the way the QPS handled the death in custody. 2016. ), The Queensland government and QPS said they would carefully consider the judgment before commenting further. (Id.). 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