The Guardian 25 October, 2006
Charge him
Alf Wilson
Queensland’s Palm Islanders are remaining resolute in their call for charges to be laid against the arresting officer at the centre of the 2004 death in custody of Mulrunji Doomagee.
Their calls follow explosive findings by the Acting Queensland Coroner Christine Clements that Mulrunji’s arrest was inappropriate, that Senior Sergeant Chris Hurley caused Mulrunji’s fatal injuries, and that the police investigation into the death did not meet police standards.
Ms Clements has delivered her findings to the Queensland Government.
Police Commissioner Bob Atkinson had declined to suspend or sack Snr Sgt Hurley. However, on Saturday, Snr Sgt Hurley agreed to stand down pending a decision by the Director of Public Prosecutions on whether to charge him.
Snr Sgt Hurley reiterated his position that he was not guilty and that Mulrunji’s death was accidental.
The 36-year-old Mulrunji died in police custody on November 19, 2004, after being arrested for being intoxicated by Snr Sgt Hurley who was accompanied by Police Liaison Officer Lloyd Bengaroo. After a scuffle with Snr Sgt Hurley, Mulrunji was dragged to a police cell. He was found dead soon after.
A week later, a riot broke out on Palm Island. The police station was torched and some locals still face trial in Brisbane over the incident which received national and international publicity.
There were many inquest sittings on Palm Island before a fortnight ago when Acting Coroner Clements took two-and-a-half hours to hand down her 39-page finding.
Room five of the Townsville District Court was packed with family and friends of Mulrunji, legal counsel, members of the public and a large media contingent.
In the courtroom were Mulrunji’s partner of 10 years Tracey Twaddle, his sisters Jane Doomadgee, Elizabeth Doomadgee and Valmai Apin, community leader and activist Grace Smallwood, and other supporters and relatives.
It was a landmark day for Indigenous people throughout Australia, with Ms Clements accepting the evidence of several Aboriginal witnesses above that given by Snr Sgt Hurley to police and at a previous sitting of the inquest.
She found that Snr Sgt Hurley punched Mulrunji three times in the stomach and the force was so severe that his liver was split in two against his spine.
Ms Clements said that the police investigation failed to meet necessary standards as demanded by the Royal Commission into Aboriginal Deaths in Custody.
She issued 40 findings relating to the case.
As Grace Smallwood said emotionally outside court after the findings were handed down: "No person in authority has ever been charged over a black death in custody ever and we expect charges to follow.
"We hope justice will be done and this could be a new beginning for Palm Island. This case has received national and international scrutiny."
Palm Island mayor Erykah Kyle said she also expected that Snr Sgt Hurley would be charged by the Director of Public Prosecutions, who had the findings referred by Attorney-General Linda Lavarch.
"I expect this to end the career of this officer and so many people have died in custody and this was a tragic death of a beautiful man on our island and it doesn’t make sense," Ms Kyle said.
Mulrunji’s three sisters would not make comment to the large media group gathered outside the courtroom when they left.
Tracey Twaddle left by the back entrance. Lex Wolton, the accused ring leader of the riot, also refused to comment to the media as he left court after the findings.
Queensland Premier Peter Beattie has announced a high-level response group to respond to matters raised by Ms Clements.
Commissioner Atkinson says the findings will be carefully considered as soon as possible.
"There are a significant number of recommendations and observations specific to the police service and I will personally take oversight of the detailed examination and consideration that will be necessary to assess each one," he said.
"If changes are needed to the way police are trained, or the instructions under which they operate, they will be made.
"It would also be inappropriate for me to speculate immediately on future actions in relation to the officers critically named in the report, other than to say that I believe there are no grounds at this stage to suspend any officer."
Mr Atkinson said that he had spoken with the Minister for Police and Corrective Services about the findings and noted that the Queensland Police Service would be represented at a very senior level on the response group.
The Council of Civil Liberties wants Ms Lavarch to lay contempt charges against Police Union President Gary Wilkinson who accused the Acting Coroner of a "witch hunt".
Ms Lavarch refused to comment, simply restating her support for Ms Clements. However, in a move welcomed by Acting Premier Anna Bligh, the Police Union later tempered the comments, admitting that they were perhaps a little ill-advised.
"I think it’s important fro people to put those hot-headed things behind us and with some cool heads work through the issues carefully", she said.
Koori Mail (abridged)