Two young men commit suicide as a direct result of Doomadgee's death. Mulrunji was placed in the two-cell lockup which was the back section of the Palm Island Police Station. (Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014, Parliament We observe International Women's Day by highlighting several Australian women who had key roles in bringing about a 1967 constitutional referendum related to indigenous people. The strong police presence was not welcome on the island. [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. U.S. Reports: Shuttlesworth v. Birmingham, 394 U.S. 147 (1969). [71], In 2010, artist Vernon Ah Kee created a four-screen video installation at the Museum of Contemporary Art in Sydney, entitled Tall Man. From the time he was found unresponsive in that concrete. Palm Island: Police terror follows death in custody | Green Left Buchanan, Kelly. [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. [37] She reportedly received advice from former Supreme Court judge James B. Thomas before making this decision. Officers preferred confrontation to engagement and operated very much with an us and them attitude. 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. Queensland Police Minister announces an extra 29 police officers for indigenous communities. Criminal Misconduct Commission announces that no disciplinary charges will be laid against Senior Sergeant Chris Hurley over Mulrunji's death. Fellow Palm Islander Patrick Bramwell was placed in the adjoining cell. [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. [11][16], A crowd headed initially for the police station. 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. Hurley was 201cm tall and weighed 115 kilograms. (Wotton v State of Queensland (No 5) [2016] FCA 1457, Federal Court of Australia website.) U.S. Reports: Hamm v. City of Rock Hill, 379 U.S. 306 (1964). [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. "We've learnt each Indigenous community really needs its own guidance and induction package," he said. [86][87] A Crime and Misconduct Commission (CMC) criminal and misconduct investigation was launched into the whole affair,[85][87] Doomadgee funeral, Palm Island elders call for justice rather than division. "And everyone also wanted a fair and impartial investigation into what really happened.". [10], An autopsy report by Coroner Michael Barnes was produced for the family one week after the death. 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. Deputy Coroner Christine Clements finds Snr Sgt Hurley responsible for Mulrunji's fatal injuries. According to statements an ambulance was then called taking fifteen minutes to arrive. 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. The officer could not find a pulse. [83] Police actions were later found to breach the Racial Discrimination Act, with the raids being "unnecessary, disproportionate" and police having "acted in these ways because they were dealing with an Aboriginal community. However, he made no claim that Hurley did a knee drop during that time.) A riot erupted involving an estimated 400 people, half of them school children. 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. The directions hearing was held in a marquee, because there were no premises on the island large enough for the expected audience. The Minister Liddy Clark, who was a former Play School presenter, immediately resigned from the Cabinet to become a backbencher. [3][4][2], Police raids and behaviour following the community riot were found to have breached the Racial Discrimination Act 1975,[5] with a record class action settlement of A$30 million awarded to victims in May 2018.[6][7]. Residents report officers pointing guns at children's heads and being tasered. 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. Island residents marched from the town square and burnt down the police station, court house and police houses. 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 ". The Tall Man - Blackfella Films "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. The circumstances leading up to the riot were taken into consideration when bail was considered. Justice Kerry Cullinane sets down a two-week trial to start on 12 June in the Townsville Supreme Court for Snr Sgt Hurley. 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. In his submissions to the Committee, Hurley pointed out the lack of an alcohol diversionary centre on Palm Island. Almost 10 years ago Cameron Doomadgee died in police custody on Palm Island. 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. PDF Office of The State Coroner Finding of Inquest [63] Wilkinson later publicly apologised and pleaded guilty to the contempt. 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. His name was Cameron Doomadgee, and in her new book, "Tall Man," Chloe Hooper sets out to tell his story. "There'll always be distrust, regardless of what police authority is in town. Lex Wotton speaks out. 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 Complaints were made that Aboriginal Legal Aid had been denied access to the Island. (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. 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. Palm Island Mayor Alf Lacey said it had been difficult to rebuild trust between police and residents in the years since then. 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. Sir Laurence advises there is enough evidence to prosecute Snr Sgt Hurley, who is officially suspended. The coroners preliminary report found that Mulrunji died after falling over a step. The police station was burned down during the riot, along with the courthouse and Hurleys home. [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". (Palm Island Riots: Federal Court Finds Police Acted with Impunity in Racial Discrimination Lawsuit,supra. Cameron Doomadgee (who was also known by his tribal name of Mulrunji) was a resident of Palm Island. He appeared intoxicated and was swearing at the police. [19] Subsequent to the autopsy report reading a succession of angry young Aboriginal men spoke to the crowd and encouraged immediate action be taken against the police. [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. Tall Man: The Death of Doomadgee - Chloe Hooper - Google Books ), 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 . ), 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.) (Jan. 2, 2020) On December 18, 2019, the New Zealand Parliament passed historic legislation that pardons Rua Knana, a pacifist religious prophet from theTuhoe iwi (tribe) who was convicted inAugust 1916 of (July 30, 2015) On July 23, 2015, the Supreme Court of Canada rejected the appeal of a Pakistani Canadian pilot in a discrimination case filed against Bombardier, an aerospace company. 105and therefore are not subject to copyright and are free to use and reuse. Police officers seek refuge at the island's hospital and are airlifted to safety. 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 . He was arrested by Senior Sargent Chris Hurley, accompanied by the Indigenous liaison police officer Lloyd Bengaroo, and was taken into custody. Black Lives Matter protests have dominated international headlines this year. 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. [58], Sen. Sgt. Snr Sgt Hurley breaks silence, testifying in his own defence. Crime and Misconduct Commission announces a review of policing in indigenous communities. [26], By 6 December 2004, 19 accused were granted bail by the Queensland Chief Magistrate. He was taken into custody by Senior Sargeant Chris Hurley, accompanied by . 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". The police claimed he'd tripped on a step, but his liver was ruptured. [9], This was the 147th death of an Aboriginal person in custody since the handing down of the Royal Commission into Aboriginal Deaths in Custody. [8], For the following week public meetings were held on the Island due to anger rising in the community about the death. [15] They converted the Bwgcolman Community School into a headquarters and sleeping barracks, and the St Michael's school bus was commandeered. 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. It was lifted two days later, just before the Premier's arrival. Lex Wotton speaks out - Law Report - ABC Radio National Second inquiry begins with Deputy Coroner Christine Clements as Acting Coroner. "There's no trust, but all you can do is work together to change things.". Police began taking statements from witnesses. (. [11], Initially 13 Palm Islanders were arrested and charged. What happened in the 45 minutes from Doomadgee's arrest till his death should weigh heavily on Australian audiences. When alerted to this, Hurley came into the cell and thought he could detect a pulse. [29], Mulrunji's Family had suspicions about the results of the first autopsy by the Queensland government pathologist. ), The Queensland government and QPS said they would carefully consider the judgment before commenting further. (Id.). Later the timing of the "emergency" was disputed by lawyers for the Palm Island community. Here's what they think of a Voice to Parliament, Nationals join forces with farmers to oppose multi-billion-dollar Victoria-NSW renewable energy project, Prime minister says urgent care clinics will start relieving pressure on NT's busy emergency wards in coming months. Police discriminated against Palm Island's Indigenous community Within an hour Mr Doomadgee was found dead in a cell at Palm Island police station. genome.ch.bbc.co.uk [6], Later the same day approximately 80 additional police from Townsville and Cairns were flown to Palm Island to restore order. Review: The Tall Man - Trespass Magazine "I think it did strain the relationship between Indigenous Queenslanders and the State Government for a considerable period of time - and it may well have done that permanently," he said. Mr Stewart said several measures had been put in place to repair the damaged relationships. 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. 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. Terrence Alfred Kidner sentenced to 16 months in jail in Townsville District Court after pleading guilty to rioting on Palm Island. After a long battle Agnes' discovery is finally published, but this does not put an end to the twins' travels. Doomadgee family still haunted by Palm Island death ten years on 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. "We were trying to ensure the protection of the community, the protection of the police and government servants who worked there. [20] The local courthouse, police station, Hurley's home and the police barracks were burned down. [43], In June 2007 the Townsville-based trial of Chris Hurley on charges of assault and manslaughter took place. No justice a decade on from horrific Palm Island death in custody They delayed Mulrunji's funeral and insisted that the Coroner order a second "independent autopsy" to be observed by a pathologist on behalf of the Doomadgee family. [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. Cameron Doomadgee, 36, died in a police cell on November 19, 2004. Police Commissioner Ian Stewart admitted mistakes were made with the way the QPS handled the death in custody. 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. It has even been earmarked by the State Government for development into a tourism mecca. "Without a doubt we learnt very many things from our response at Palm Island way back 10 years ago," he said. Citations are generated automatically from bibliographic data as AEST = Australian Eastern Standard Time which is 10 hours ahead of GMT (Greenwich Mean Time), abc.net.au/news/palm-island-doomadgee-memorial-moved-from-police-station/12946248, Help keep family & friends informed by sharing this article, Jock Zonfrillo remembered as an 'incredible chef' and icon of Australia's culinary landscape, Jock Zonfrillo, celebrated chef and judge on MasterChef Australia, dies aged 46, Russian freight train derails after being hit by explosive device, governor says, Donald Trump requests mistrial in rape accuser Carroll's civil case, Tony Abbott mounts attack on Voice after a spat with parliamentary committee, 'The worm goes global': Rita Ora wowed by Adelaide lobbyist's dancefloor moves, Female teacher admits sexual offences against teen student, fights 10 other charges, Major route into the Kokoda track appears to have been blockaded amid tour operator feud, New Zealand PM in favour of country becoming a republic, $30 million State Government class action settlement, Palm Islanders to launch action against Channel Nine, Daily Mail over 'racist' reports, Indigenous activist awarded $220k over Palm Island riots 'racial discrimination', 'It's about healing': Palm Islanders to share $30m class action payment, Indigenous (Aboriginal and Torres Strait Islander), US authorities 'auction' First Republic Bank after second biggest bank failure in history, Nurse driving home from shift among victims of triple-fatal crash involving allegedly stolen car, Lauren Cranston jailed for eight years over one of Australia's biggest tax frauds, 'They will forever know their dad was a hero': 1,000 mourners farewell slain NSW paramedic, Family of man shot dead by police question why they weren't called in to help, There are 11 First Nations MPs and senators. In 2004 on Palm Island, an Aboriginal settlement in the "Deep North" of Australia, a thirty-six-year-old man named Cameron Doomadgee was arrested for swearing at a white police officer. 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. 2016. [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. Police officers in riot gear wearing balaclavas with no identification, carrying large guns march into the community conducting early-morning raids. [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. Mulrunji - We Are Not The Problem "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. [88] The CMC demanded that the Australian Broadcasting Corporation (ABC) hand over the tapes and backup tapes of particular interviews with Yanner and Foster which were central to the investigation, the interviews then had to be deleted from ABC audio and computers. [35], The coroner also said that Mulrunji should not have been arrested, and that local police had not learned from the findings of the Royal Commission. For guidance about compiling full citations consult Citing Primary Sources. 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).) Senior Sgt Hurley stood down following the coroner's findings. After the trial concluded the Union released advertisements against the Beattie Queensland government, comparing the government to Robert Mugabe and his government. The monument, a memorial to Cameron Mulrunji Doomadgee, has been moved to his sister Valmai Aplin's front yard on Palm Island, off Townsville. [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/. After others were acquitted, he successfully challenged the legal proceedings and withdrew his guilty plea in May 2007. "[5], The raids, found to be racist, resulted in a record $30 million class action settlement. Forty-two minutes later a second police officer observed that Mulrunji was a strange colour and was cold to the touch. 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. [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 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 The Magistrate determined that due to the "state of emergency" it would be too dangerous to allow the defendants to return to Palm Island, therefore bail was not considered. Palm Island still struggling with death in custody 10 years on Senior Sergeant Christopher Hurley was the officer who arrested Mr Doomadgee. Family of Palm Island man who died in police custody relieved memorial has new home. [11][16], As the riot occurred during the school lunch break, it was witnessed by many children. At trial he only gave his revised estimate. https://www.loc.gov/item/global-legal-monitor/2016-12-09/australia-police-response-to-aboriginal-death-in-custody-and-ensuing-riot-ruled-discriminatory/. "I think that's something at the end of the day that we have to live with.". He was ordered to pay costs with no other punishment. The resolution specifically asked that the Centre not be in the possession of the Police Citizens Youth Club Association or the Queensland Police Service. ", "[I] come out every night, just sitting down [beside the memorial]. "[51]), The Court concluded that the Coroner's finding that Hurley caused the death by punching was not reasonably open on the evidence. The pathologist who conducted a post-mortem compared Mr Doomadgee's injuries with those of plane crash victims.
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