Police officers seek refuge at the island's hospital and are airlifted to safety. A timeline of events flowing from the death in custody of Palm Island man Cameron Doomadgee: 2004. Documentary film director Tony Krawitz opined in an interview that "something really violent happened" and shortly after stated "It wasn't treated as a murder investigation which is what was meant to have happened. [11][16], As the riot occurred during the school lunch break, it was witnessed by many children. [42] This was the first time since the public prosecutor's office was established in Queensland that anyone other than the DPP made a decision concerning whether or not to indict an individual. [85], Beattie ordered the Minister to pay the A$1,775 herself[85] although he would not go as far as to fire her over the controversy unless there was an adverse criminal or misconduct finding, he said that Yanner had no credibility, the Minister immediately took unscheduled holiday leave. [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. 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. Mr Stewart said several measures had been put in place to repair the damaged relationships. 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. 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. 16 barristers and solicitors appeared representing the Queensland Government, the Doomadgee family, the Human Rights and Equal Opportunity Commission and the Queensland Police Service. Criminal Misconduct Commission announces that no disciplinary charges will be laid against Senior Sergeant Chris Hurley over Mulrunji's death. [71], In 2010, artist Vernon Ah Kee created a four-screen video installation at the Museum of Contemporary Art in Sydney, entitled Tall Man. [86][87] A Crime and Misconduct Commission (CMC) criminal and misconduct investigation was launched into the whole affair,[85][87] Officers tried to barricade themselves as they were attacked with sticks and rocks, and told to leave the island. The only people who deserve an apology are the police officers who were in the police station whilst it was being burnt down. (Id. Terrence Alfred Kidner sentenced to 16 months in jail in Townsville District Court after pleading guilty to rioting on Palm Island. Cameron Doomadgee (who was also known by his tribal name of Mulrunji) was a resident of Palm Island. On November 19th 2004, Cameron Doomadgee, also known as Mulrunji, was arrested for allegedly causing a public nuisance. Chris Hurley receives a confidential payout of A$102,955 from the Queensland Government. [12][25] 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. 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. 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. [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 case arose from the 2004 death in custody of Mulrunji, previously known as Cameron Doomadgee, whose treatment sparked riots on the island. 13.05 MB. 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. "I don't regret what happened at that particular time," he said. The subsequent trial of Senior Sergeant Chris Hurley - who had been decorated . [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. ), 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.). [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]. 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. At the age of 63 they set off for one more trip to Mount Sinai. As he had no visible injuries at the time of his arrest, there was an autopsy that revealed massive internal injuries. But Councillor Lacey said the islanders needed more time to deal with the past before that would be possible. However they emphasised that they were merely addressing the submission, not making findings on fact as that is not their function in hearing the appeal. The police station was burned down during the riot, along with the courthouse and Hurleys home. 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). Australia: Police Response to Aboriginal Death in Custody and Ensuing Riot Ruled Discriminatory. (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. Patrick Bramwell, a cell-mate of Mulrunji, repeatedly attempted to set himself on fire after giving evidence before the first coronial inquest. Soon after the riot, the Queensland Police Union President Denis Fitzpatrick demanded the rioters be charged with attempted murder of 12 police. 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. "And everyone also wanted a fair and impartial investigation into what really happened.". [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 drove her to the house in the police vehicle. The injury may have been caused by Hurley falling on the deceased. "There'll always be distrust, regardless of what police authority is in town. [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. After the trial concluded the Union released advertisements against the Beattie Queensland government, comparing the government to Robert Mugabe and his government. Cars and machinery were driven onto the runway, blocking all aircraft movement. [15], During the weekend the tactical response group searched many homes. 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).) Mulrunji's death was repeatedly branded "cold-blooded murder". An hour earlier he was very much alive, singing along the street. The police who had been stationed on the island indicated through the Union that they did not wish to return. 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. A damning 2016 Federal Court ruling found the Queensland Police breached the Racial Discrimination Act with its investigation into his death and subsequent unrest on the island. "Without a doubt we learnt very many things from our response at Palm Island way back 10 years ago," he said. It is not an easy one to tell. "That was a bit sad for us to see all that still going on," Ms Aplin said. . The directions hearing was held in a marquee, because there were no premises on the island large enough for the expected audience. [23], Premier Peter Beattie visited Palm Island on Sunday 28 November, producing a five-point plan to restore order to local leaders. She also accused the police of failing to investigate his death fully. There was much debate over the appropriateness of the police and government response to the riot. I want people to have love". The history wars famously involved the 'black armband view of history'; a pejorative phrase used by conservatives to attack historians who they thought focussed too much on the negative impact of colonisation on Australia's indigenous 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". "I think that's something at the end of the day that we have to live with.". [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. Cameron's brother Lloyd Doomadgee. Mr Wotton said many people still lacked trust in the police, but he acknowledged the effort was being made. Children witnessed their parents being arrested and taken to Townsville for committing crimes such as public drunkenness and common assault. [22], Police actions were later found to breach the Racial Discrimination Act 1975, with the raids being "unnecessary, disproportionate" and police having "acted in these ways because they were dealing with an Aboriginal community". One of the sisters needed to be airlifted to Townsville Hospital due to her condition as a result of Bramwell's assault. 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. Even the (Aboriginal) volunteer fire brigade had stones thrown at them while they tried to put out the courthouse and police station fires. [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. 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. "We were trying to ensure the protection of the community, the protection of the police and government servants who worked there. He said that due to the unreliability of police and Aboriginal witnesses he could not make a definitive finding. 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. Police officers in riot gear, wearing balaclavas, with no identification and carrying large guns, marched into the community, conducting early-morning raids. "The kids that roam the streets at night, they would have wrecked it. 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. Australia: Police Response to Aboriginal Death in Custody and Ensuing Riot Ruled Discriminatory. When alerted to this, Hurley came into the cell and thought he could detect a pulse. In May, a third coronial inquest delivered an open finding but was highly critical of the police involvement in the case. no semblance of understanding" about the context of the Palm Island community's distress and anger as to what had happened to Mulrunji and the progress of the investigation . [23] Former Premier Wayne Goss dismissed as "cheap politics" the union's demand for attempted murder charges to be laid, he said their comments since the death in custody had been consistently unhelpful. [13] He had spent the morning investigating complaints by sisters Gladys, Andrea and Anna Nugent that Roy Bramwell had assaulted them. Two young men commit suicide as a direct result of Doomadgee's death. "I don't want my grand children to forget him," she said. 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. 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. [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/. Australia: Police Response to Aboriginal Death in Custody and Ensuing Riot Ruled Discriminatory. The officer was later acquitted of manslaughter. He was locked up for being drunk and a public nuisance, and at the time of his arrest had no visible injuries. Instead they ordered that the Coronial Inquiry be reopened to re-examine the facts as the original Coronial Inquiry findings were set aside. (Racial Discrimination Act 1975 (Cth). [52], In April 2005, Premier Beattie established the Palm Island Select Committee to investigate issues leading to the riot and other problems. Accused rioter Lex Wotton succeeds in Brisbane District Court application to be released from custody on bail with strict conditions, formally entering a plea of not guilty to rioting with destruction on Palm Island. "It was an extraordinarily difficult circumstance," Mr Beattie told the ABC. They appeared before the Townsville Magistrates Court on Monday 29 November 2004, the first business day after the riot. Residents report officers pointing guns at children's heads and being tasered. Later the timing of the "emergency" was disputed by lawyers for the Palm Island community. 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. 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 Another notable condition of bail was that they were not to attend rallies or marches over the death in custody. [23], An emergency situation was declared under the Public Safety Preservation Act 1986 (the Act) on the afternoon of the riot. 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. 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 Publications of the Library of Congress are works of the United States Government as defined in theUnited States Code 17 U.S.C. The resolution specifically asked that the Centre not be in the possession of the Police Citizens Youth Club Association or the Queensland Police Service. Lawyers for both the Doomadgee family and Hurley asked that the Coroner disqualify himself (although for different reasons). 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. [54], In his findings, Coroner Brian Hine disagreed with the Supreme Court of Appeal regarding the knee drop. [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. [94] When the Premier opened the centre he was met with a generally hostile reception. 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. 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 ". "There's no trust, but all you can do is work together to change things.". "We've learnt each Indigenous community really needs its own guidance and induction package," he said. [95], By April 2007 it was reported that the PCYC Centre had become a great success, a place where young and old participate in numerous sporting, educational and cultural activities in a safe and comfortable environment, and the focal point of re-building positive relations between the police and the community.[96]. (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. "I'd like to see it being a nice little, nice prosperous town, a lot of employment in the town, investment in the town. [93][94], The Government agreed in advance that the Centre would no longer have the word "Police" in its title however the opening by the Premier was to proceed as planned. 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. 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 He believed that the evidence left room for a finding that a knee drop may 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. He was then dragged limp and unresponsive into a cell and died within the next hour. [58], Sen. Sgt. Councillor Lacey agreed Palm Island was a different place now. His name was Cameron Doomadgee, and in her new book, "Tall Man," Chloe Hooper sets out to tell his story. The coroners preliminary report found that Mulrunji died after falling over a step. Included in the duties of the CMC is investigating allegations of police misconduct. [citation needed], They noted that the Coroner did not refer to that evidence in her report. [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. 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. 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. He appeared intoxicated and was swearing at the police. 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. [20] The local courthouse, police station, Hurley's home and the police barracks were burned down. In achieving these objectives, issues such as drug and alcohol abuse and unemployment would also be addressed.[56]. 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. His grandmother complained to Hurley, who then arrested him. (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. Senior Sgt Hurley stood down following the coroner's findings. Forty minutes later he was dead in the jailhouse. [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. 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. Palm Islanders 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. Hurley v. Large group of Palm Islanders and police turns up to watch. Clark and her Senior Policy Advisor were interviewed at length by the CMC. It's peaceful.". Buchanan, Kelly. 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". Townsville District Court Judge Bob Pack hands down a ruling upholding Chris Hurley's appeal and ordering a fresh inquest in Mulurunji's death. Hurley was 201cm tall and weighed 115 kilograms. [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. [8], For the following week public meetings were held on the Island due to anger rising in the community about the death. Says he has come to terms with the fact he caused the death, but strongly denies any intention to cause harm. [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. What really happened to Cameron Doomadgee? "It has come a long way, it has improved. [8] The videotape footage from the cell shows Hurley checking for breathing and pulse then "sliding down the wall of the cell until he sat with his face in his hands". Show The family also hired a private investigator to conduct an independent investigation of the death. "The mischief lies in what was an abandonment of the truth to avoid the possibility of short-term political embarrassment. U.S. Reports: Wright v. Georgia, 373 U.S. 284 (1963). When they learnt of his death, Palm Islanders rioted, and burnt the police station down. [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. 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. November 19: Cameron Doomadgee, 36, dies in custody at Palm Island police station after being . [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". (, 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. On 19 November 2004 he was found dead in a cell in the police station on Palm Island. [39] Included in the allegations made against Hurley was that he wrongfully caused the death of Mulrunji. Cameron Doomadgee was an obscure man living an obscure life, but his demise had a gravity that sucked in countless strands of modern and historical Australia. The memorial is now surrounded by tinsel, fairy lights, flowers and a turtle ornament, which represents Mr Doomadgee's hunting skills. "There will always be tension because there's not enough communication between police and community. 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. [6], Later the same day approximately 80 additional police from Townsville and Cairns were flown to Palm Island to restore order. Aboriginal and Torres Strait Islander readers are advised this article contains the name and image of someone who has died. ", "[I] come out every night, just sitting down [beside the memorial]. 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