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Holding their breath for Palm justice

Another day, another inquest into the death of Mulrunji Doomadgee — an Aboriginal man killed in the Palm Island Police Station in 2004, is under way.

The findings of the second inquest (the first was abandoned) were set aside last year after a court found Senior Sergeant Chris Hurley could not have inflicted the fatal injuries simply by punching Mulrunji Doomadgee.

For his part, Hurley has admitted killing Mulrunji, but claims it was a tragic accident.

Mulrunji was found dead on the floor of a cell in the station less than an hour after he was arrested by Hurley on the morning of November 19, 2004 for swearing. He had suffered four broken ribs, bruising to the head, a torn portal vein and his liver had been almost cut in two.

A week later, Aboriginal residents torched the police station, courthouse and Hurley police barracks amid claims of a cover-up, claims that later proved true.

This latest inquest is being watched by Aboriginal people around the nation for one simple reason: it represents the best chance yet for justice over an Aboriginal death in custody.

The Royal Commission into Aboriginal Deaths in Custody looked into the deaths of 99 Aboriginal people. All of them, apparently, did it to themselves, because while there were deep suspicions of occasional foul play, no one was ever charged over a single death.

Hence, Hurley was the first police officer in history to face trial over the death in custody of an Aboriginal man. He has already been acquitted of manslaughter, but Aboriginal people haven’t given up hope Hurley will one day pay a price for the death, even if it’s only in a civil court.

Thus far, Hurley has escaped sanction, and has even received a promotion to the rank of Acting Inspector.

The inquest has so far heard from Roy Bramwell, an Aboriginal man who was sitting in the Palm Police Station when Mulrunji died.

In past inquests, he claimed his vision of a scuffle between Hurley and Mulrunji was obscured by a filing cabinet, but that he saw Hurley strike Mulrunji about three times, and yell, “Do you want more Mr Doomadgee, do you want more?”

But this week, Bramwell told the court that while his direct view was obscured by a filing cabinet, he watched the assault in a mirror. He told investigators this in his original statement, but it was removed after he was threatened by one of the local detectives investigating the death.

(The officer) told me ‘Hurley is a good man, he’s a good friend, anything happens to him and I’m going to come after you’,” Bramwell told the court yesterday.

That officer, says Bramwell, was Detective Darren Robinson, who screwed up his original statement and binned it, before threatening him.

Robinson is already in hot water — during the criminal trial of Lex Wotton, the man ultimately convicted of torching the Palm Police Station and Court House — it emerged that Robinson had repeatedly lied to superiors during an investigation into another assault by Hurley, this time an Aboriginal woman, six months before Mulrunji was killed.

Robinson was appointed to investigate allegations Hurley — a known friend of Robinson — had run over an Aboriginal woman with a police vehicle. Barbara Pilot was airlifted from Palm with her shinbone sticking through her skin.

A doctor who treated Pilot told investigators he felt pressured by police to agree the incident never occurred. Indeed, according to Robinson, it never did.

Twice Robinson submitted false reports to his superiors in Townsville claiming the incident was fictitious. Despite the deceit, six months later his superiors again appointed him to investigate Hurley, this time over the death of Mulrunji.

Three months before that, Robinson was present with about half a dozen other police when Hurley assaulted another Aboriginal man — Douglas Clay — in the police station. Interviewed by superiors, Robinson claimed the attack was simply a “slap” by Hurley. A subsequent Crime and Misconduct Commission investigation found Clay’s blood on the walls of the police station.

Robinson was also one of the officers who ate dinner and drank beers with Hurley on the night of the killing (as was a member of the Ethical Standards Command, sent from the mainland to ensure the investigation was above board), while Mulrunji’s body was still cooling in the hospital a few hundred metres away.

While the inquest continues, Aboriginal people remain keenly aware that justice hasn’t caught up with Robinson anymore than it’s caught up with Hurley.

Robinson is still a serving detective. Indeed, since the riots he’s been promoted to the rank of Sergeant, and in 2008 Police Commissioner Bob Atkinson awarded Robinson the top police bravery medal, the Queensland Police Valour Award, for his actions during the Palm Island uprising.

Lex Wotton, by contrast, is still cooling his heels in the Townsville Correctional Centre. He’s expected to be released from jail in July this year. The inquest rolls on.

21
  • 1
    michael crook
    Posted Wednesday, 10 March 2010 at 1:38 pm | Permalink

    Sad indeed that a large part of the Queensland Police Service, still believes that it is there to “keep down the blacks”. They are encouraged in this by the endemic racism in Australia which is not only evidenced by black deaths in custody but also in our non response to the racism inflicted on refugees and other minorities. We must also feel sorry for Lex Wootten, jailed for the crime of being a freedom fighter for his people when the law failed them, as it always has. But I forget, in this country black people are not supposed to be angered by the many injustices forced upon them, they are supposed to be grateful for the racist crumbs we bestow on them as a gift. But, as always the two main parties play up to and participate in this racist ethos because it is popular with the shock jocks and the commercial media, these parties have no humanity and no empathy. Hopefully, if those voters disenchanted with the racism exhibited by the Rudds and Abbotts, were to change their vote to Greens or Socialist then perhaps a new balance of power could open a new debate, and the humanists could gain a voice.

  • 2
    Ern Malleys cat
    Posted Wednesday, 10 March 2010 at 2:00 pm | Permalink

    Apart from the cause of the fatal injuries, and whether it constitutes manslaughter, there seems to be an irrefutable case for criminal negelect.
    No medical assistance was given to an obviously badly injured man. And to compound the callousness, when Mulrunji’s wife came to the station in the morning after he was already dead, she was sent away and only informed much later.
    I wish the inquests included not just the graver charges and maybe at least something might stick.

  • 3
    1934pc
    Posted Wednesday, 10 March 2010 at 2:39 pm | Permalink

    she was sent away and only informed much later”. Was that so they could get their story straight?.
    So many injuries could not be accidential.

  • 4
    Andrew Lewis
    Posted Wednesday, 10 March 2010 at 2:46 pm | Permalink

    This is just one of the saddest stories of our time. I can only hope that some justice eventuates. I have followed this terrible story from the start and my heart goes out to his relatives and to his people. You don’t need to be a member of the indigenous community to have been struck by the sheer tragedy of this story, and moved by the injustice of it all.

    And thanks Michael Crook for your inflammatory comments. “Endemic racism in Australia’ eh. Endemic - peculiar to a particular people or locality; native to a country. Apparently racism is peculiar to Australia. Never see it anywhere else on the planet.

    That’s the way to fight racism, with more racism! Well done.

    Spare me.

  • 5
    shepherdmarilyn
    Posted Wednesday, 10 March 2010 at 2:51 pm | Permalink

    I have followed this since the beginning and read Chloe Hoopers depressing book “The Tall Man”. If it wasn’t for Hooper and Tony Koch, the family and a very small number of others who give a damn about justice this would be buried as surely as the tragedy of Mr Ward who was cooked by negligent staff in WA.

  • 6
    Greg Angelo
    Posted Wednesday, 10 March 2010 at 3:00 pm | Permalink

    I can only hope that finally we will get to the truth this matter. It is painfully obvious that Queensland police look after their own, whether the victim is black or white. In this particular instance, notwithstanding any aspect of racism, there was a clear failure of due process in relation to the death of Mulrunji Doomadgee, and the obvious aspects of “mates” looking after “mates”.

    I suspect that if Mulrunji Doomadgee had been white, the same apparent cover-up would probably have occurred. Intimidation of witnesses is not always just undertaken by criminals under suspicion or threat of legal action.

    It is vitally important that justice be seen to be done, for a number of reasons, the least of which is the presumption that when there is a confrontation between a black man and a white man, that the white man is morally superior.

    All members of the Australian community must be able to assume that they will get equal access to justice, regardless of the colour of their skin, or their economic or social circumstances. This includes not being assaulted by police, or being denied appropriate medical treatment when injured either through indifference, neglect or sheer bloody mindedness.

  • 7
    twobob
    Posted Wednesday, 10 March 2010 at 3:11 pm | Permalink

    This is a tragic story of police brutality and injustice, from the perpetrators through the inspectors to the superiors of the QLD police force.
    If someone should make a film of this disgraceful act it will both nationally and internationally be an example of the injustices suffered by Australian indigenous people.
    The story makes me angry and that it could happen here disgusts me.
    This leaves a stench upon all white Australians that can never be entirely removed. But an attempt would be appreciated.

  • 8
    Hugh (Charlie) McColl
    Posted Wednesday, 10 March 2010 at 3:29 pm | Permalink

    Anyone who has read Chloe Hooper’s excellent, calm and sobering book and/or been present in the court to hear the evidence in the manslaughter trial will be well aware that there is unlikely to be any further ‘truth’ revealed that might undo the injustice that surrounds this case. Although, as Greg Angelo writes, it is vitally important that justice be seen to be done, what exactly do we think this “justice” might look like? The accused policeman has been acquitted by a jury after an ordinary and quite uncontroversial criminal trial so it’s hard to see any further justice available via that route. Palm Island has been shaken, stirred, ripped apart, patched up and repaired, not for the first time, so I can’t see any justice available via the community sector. Something similar could happen just about anywhere in Australia, including the metropolitan areas, tomorrow and we’d still be stunned by the shortcomings of our justice system.
    I know the Coronial enquiry is the last official hurrah so to speak but I think it is wishful thinking to hope for some sort of comprehensive ‘justice’, against all the odds, at the finishing post.

  • 9
    nicolino
    Posted Wednesday, 10 March 2010 at 3:46 pm | Permalink

    As with the inquiries into police misconduct on the Gold Coast, what’s the betting that this will all be swept under the carpet. That’s the Australian way after all as the authorities time and again play the out of sight out of mind game. There are those of us out here who do remember however.

  • 10
    Barb Oldfield
    Posted Wednesday, 10 March 2010 at 4:04 pm | Permalink

    This must result in the sacking of the Current Commissioner as the whole process reeks of cover up from the very top. A national disgrace.

  • 11
    harrybelbarry
    Posted Wednesday, 10 March 2010 at 7:02 pm | Permalink

    Police Corruption , Queensland Style . Get away with murder, you get promoted , you lie for someone , you get promoted. Heads should roll, from the top down.

  • 12
    Chris Graham
    Posted Wednesday, 10 March 2010 at 7:25 pm | Permalink

    Andrew Lewis: I’m sorry Andrew, but if you can come up with a better term than ‘endemic racism’ to describe the backdrop of what has occurred, I’ll eat my own arm. Michael Crook hit the nail on the head. To suggest that its racist to point it out smacks of a naivete of biblical proportions.

    As to it being the last hurrah, if only that were true… there’s much much more to follow. The fresh coronial inquiry is simply about Hurley trying to knock over a finding that he caused the death, because after this he faces a very expensive personal lawsuit from the Doomadgee family. That’s what this fresh inquest is fundamentally all about… Hurley using the law to lessen the legal bill (which will be picked up by his union). The sad news is we expect this issue to drag on for a t least a few more years before Hurley and his corrupt cronies ever face any sort of sanction.

  • 13
    napoleon dynamite
    Posted Thursday, 11 March 2010 at 7:40 am | Permalink

    i knew of this case but never too the time to learn about it.

    thanks to Crikey for bringing this type of story to my attention.

    disgraceful.

  • 14
    Hugh (Charlie) McColl
    Posted Thursday, 11 March 2010 at 8:19 am | Permalink

    Chris Graham, the point I tried to make about the form of the justice that can be ‘seen to be done’ in the Palm Island case is exactly opposite that which you describe in the last sentence of your reply above. As someone said somewhere, justice delayed is justice denied.
    Having “… this issue drag on for at least a few more years before Hurley and his corrupt cronies ever face any sort of sanction” is not justice ‘seen to be done’.. The possibility of “… a very expensive personal lawsuit” is never going to be justice ‘seen to be done’. It’s all sad news. Sadly, our justice system is not up to the task. Our society and all of us are diminished by this inadequacy.

  • 15
    Chris Johnson
    Posted Thursday, 11 March 2010 at 10:53 am | Permalink

    Most Queenslanders haven’t a clue that Hurley and the Police Union are running an agenda over this Palm Island debacle. They only hear about the lives and careers of the players moving onwards and upward along with those of then Police Minister Judy Spence and her Police Commissioner Bob Atkinson now maxing out his super package with a three year extension to his post. Queensland is one mangled mess of public sector administrative bungles costing lives, careers and draining the public purse. Hugh (Charlie McColl) says a catastrophe like Palm Island would be similarly short on justice anywhere in Australia. But I bet Hurley, his mates and the Queensland Police Union would swear their State is far more fertile territory for victimising the vulnerable.

  • 16
    helayne_h
    Posted Thursday, 11 March 2010 at 7:45 pm | Permalink

    I remember John Pat, a 16 year old West Australian Aborignal boy, who was killed on September 28th 1983 whilst in the custody of five drunk off-duty police officers of the WA police force.
    …The five police officers were eventually charged with manslaughter over John Pat’s death and in 1986 were found innocent as the driven snow, by an all white jury. Was it 40 or 42 seperate heel marks counted on the inside of John Pat’s peeled back scalp during the autopsy? In 1986 a torn aorta, bruised brain and broken ribs were considered reasonable force. Some things never change.

    Gardia law
    a concrete floor
    a cell door

    and John Pat

    (Exert from the poem ‘John Pat’ by the Aboriginal poet Jack Davis)

  • 17
    Dingoes Breakfast
    Posted Thursday, 11 March 2010 at 10:44 pm | Permalink

    This is very sad about Black Deaths In Custody and all those black people looking for justice. I wonder if they would be protesting if it was a White Death In Custody.

  • 18
    beachcomber
    Posted Thursday, 11 March 2010 at 11:59 pm | Permalink

    And the Deaths keep on coming. Another reported today, of an aboriginal teenager who died last month serving time for a petty crime. And the Courier Mail no longer bothers to have the article about his death on its’ website. The cops know they get away with anything, and a racist Government and Media will turn a blind eye.

  • 19
    Posted Friday, 12 March 2010 at 1:18 am | Permalink

    If it was a white death in custody there would be no need to protest.

  • 20
    helayne_h
    Posted Friday, 12 March 2010 at 8:33 am | Permalink

    Re: Dingoes breakfast, for your information lacking smart mouth….in Perth in the 80’s when a white boy died whilst in police custody ( i cannot recall his name as I wasn’t in perth at that time) his white family tried to get white people, friends and politicians to help them protest, to their despair on;y the Democrats would help, i think it was Janine Haynes, who put the family in contacte with the Black Deaths Action Group headed by Lenny and Maureen Culbong, with hundreds of other Aboriginal people behind them. The Black Deaths Action Group organised a protest march through the streets of Perth with banners and placards, about this boys death, and over a hundred Aboriginal people (mainly Nyoongah people) marched in support of this white family’s, grief and protest, only a handfull of white people marched, the family close friends a nun and Janine Haines and her partner, by memory. They also supported another white deaths protest, the Searcy boy, and many other incidents of brutality against white prisoners. These public marches are always followed by a huge contingennt of WA police force members, over the top, with many police media people filming for identification purposes for their files, all protesters.
    Ten years later when 18 year old white boy, Joseph Dethridge, had his jaw smashed at the Fremantle lock up and was knocked unconscious and had kick marks all over his body (arrested for being drunk no previous convictions) over a hundred Aboriginal people came to the protest rally. They however, were not allowed to speak at this white organised rally. Tis police officer was charged and found guilty and sacked. The Dethridges, a wealthy family, spent tens of thousands of dollars to get this half measure of justice for their son, and lost half of their business clients because of the publicity, “He must have deserved this kind of trreatment,” people would tell them.
    What do you do to stand up against any injustices in this world…you Dingoe?

  • 21
    SBH
    Posted Friday, 12 March 2010 at 10:19 am | Permalink

    Like an old woman once said ‘Don’t feel guilty daught, feel angry’

    read this it’s unfinished business

    http://www.austlii.edu.au/au/other/IndigLRes/rciadic/

    The recommendations are at volume 5

    read it over the weekend, write to Macklin on Monday

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