DEATHS IN CUSTODY

Death in Custody – Doomadgee Mulrunji

On December 20^th 2006, NATSIEC attended a rally in Brisbane to support the family and community of Doomadgee Mulrunji and the call for justice regarding his death and subsequent inquiry.

Click here for NATSIEC’s media statement regarding the DPP’s decision. 

The rally in Brisbane and other places was sparked by the decision of the Queensland Director of Public Prosecutions (DPP), Leanne Clare who, the week before, had announced that no charges would be laid against Sergeant Hurley, the police officer who had allegedly been present at the time of Doomadgee’s death. This was in contrast to the finding of the Deputy Coroner’s finding three months earlier that Doomadgee’s death had been caused by the police officer.

The fact that the DPP and the Deputy Coroner had come to such different conclusions left many unanswered questions particularly regarding the transparency of such a decision. Many felt that as the Deputy Coroner had concluded from the evidence that Hurley had caused the death the only course of action was to allow the matter to go to court allowing the evidence to be presented to a jury.   

Secondly, there were grave concerns about the initial investigation by police. According to media reports the police officers who were sent to investigate the deaths were friends of Sergeant Hurley’s and were seen to be socialising with him at the same time as investigating the death. Also, according to media reports, Sergeant Hurley’s evidence was changed at various points and proper procedure wasn’t followed with regards to interviewing other suspects.

Sergeant Hurley’s right to a presumption of innocence should not be forgotten amidst the anger of yet another death in custody. Such contradictory findings from officers of the legal system and the subsequent media attention left Hurley in danger of being tried by media.

Despite Mr Beattie, the Queensland Premier, maintaining that he could not interfere with the DPP and announce an independent inquiry this is exactly what the Queensland Attorney General did announce following the rallies in Townsville, Brisbane and Palm Island. Initially a retired District Court Judge was appointed, but he resigned because he had been part of the panel who appointed Leanne Clare. Eventually Justice Street was appointed and will deliver his findings in February. Beattie also announced changes in the way that Aboriginal deaths in custody would be investigated.

Despite the review and changes in investigation processes there remain serious issues about this particular incident and deaths in custody in particular. Fifteen years after the Royal Commission into Deaths in Custody it is an outrage that such situations can still occur.

NATSIEC will post further developments to this site as they occur. 

More information on Palm Island click here

Update - On Australia Day 2007, the Qld. Government announced that Justice Street had completed his review and Sergeant Chris Hurley would face charges in relation to the death of Mulrunji Doomadgee. This is the first time ever that a police officer has faced charges for an aboriginal death in custody.

Relevant Media Articles and other statements:

Coroner finds policeman to blame for Mulrunji death ABC 27/09/2006

http://www.abc.net.au/cgi-bin/common/printfriendly.pl?http://www.abc.net.au/pm/content/2006/s1750469.htm

Lawyer for and on behalf of the Palm Island Aboriginal Council – press release 14/12/2006

Click here 

Statement by Tom Calma – HREOC 20^th December 2006

Click here

Friends of police officer led Doomadgee Probe – The Australian 20/12/2006 http://www.news.com.au/story/0,10117,20955075-2,00.html?from=public_rss

Beattie to face Palm Island’s anger – The Australian 17/12/2006

http://www.news.com.au/story/0,10117,20948585-421,00.html?from=public_rss

Beattie ‘should resign’ over Mulrunji news.com.au 20/12/2006

http://www.news.com.au/story/0,10117,20955087-421,00.html?from=public_rss

Palm Island Mayor labels DPP cowardly AAP 21/12/2006

http://www.news.com.au/story/0,10117,20961893-421,00.html?from=public_rss

DPP’s stance an act of war says Mundine – The Australian

http://www.news.com.au/story/0,10117,20964057-1248,00.html?from=public_rss

Palm Island review confirmed AAP December 22^nd 2006

http://www.news.com.au/story/0,10117,20964358-29277,00.html?from=public_rss

Beattie in Palm Island Back Flip The Australian 23/12/2006

http://www.news.com.au/story/0,10117,20966278-1248,00.html?from=public_rss

Letters to the editor click here