The Guardian 31 January, 2007
Hurley to be charged over Mulrunji’s death
Bob Briton
Former NSW Chief Justice Sir Laurence Street’s recommendation that Senior Sergeant Chris Hurley should be charged for the manslaughter of Mulrunji Doomadgee at the Police watch house on Palm Island in 2004 has been met with a mixture of relief and celebration across the country. The decision was made public last Friday while Australians were marking the public holiday known as Australia Day but considered by many to be "Invasion Day" or "Survival Day".
As a result of Sir Laurence’s finding, Queensland Attorney General Kerry Shine instructed the Crown Solicitor to commence proceedings against Hurley who has now been suspended from duty. Hurley maintains his innocence and is said to be shocked at the decision to charge him over Mulrunji’s death.
Andrew Boe, the lawyer acting for Mulrunji’s family, greeted the announcement with cautious optimism. "It’s just a sense of relief that the wheels of justice in relation to this matter will finally start", he told the ABC. Palm Island Mayor Delena Foster is also pleased at the turn of events. "I’ve always maintained that we will not be satisfied until this case comes before a judge and jury", she said.
The Queensland Police Union (QPU) has maintained a regrettable and very confrontational position throughout the public debate unleashed by Mulrunji’s brutal death in custody. Union spokesman Denis Fitzpatrick claimed that Palm Island’s problems (and those of the troubled Cape York community of Aurukun) stem from a "mob mentality". Last weekend he threatened that the 9200-strong Queensland police force may strike over the decision against Hurley, which he attributed to "blatant political interference".
"At this stage we’ll rule nothing out. It’s not just noisy minority groups who can march on to parliament", he said.
Mr Fitzpatrick also suggested that police could be withdrawn from some Aboriginal communities where he claims they are not welcome. People on these communities would be left to police themselves or re-establish "tribal law".
Former Palm Island mayor Erika Kyle responded, "It’s quite childish for police to say that. We’d like to say to the police calm down. We are going through a very, very painful time."
The QPU has also called for greater resources to be able to maintain the type of surveillance of detainees suggested by the Royal Commission into Aboriginal deaths in custody. "We simply don’t have the resources. We don’t have the police to supervise those in custody and we don’t have the electronic equipment to supervise the prisoners in custody", Mr Fitzpatrick said.
No emphasis was put on the urgent need for resources to give communities such as Palm Island the jobs, housing, education, health and other services they need to achieve an acceptable standard of living and the hope of maintaining the security of their inhabitants.
Meanwhile, pressure is building for a major review of the powers of the Queensland Director of Public Prosecutions (DPP). While no official spokesperson has called for the resignation of current DPP Leanne Clare for her discredited decision last year not to charge Senior Sergeant Hurley, many are now demanding a downgraded role for her office. Australian Council for Civil Liberties president Terry O’Gorman supports this move. "We say judges should be given back the power to decide whether cases should go on or not, and we also say that people, including Sergeant Hurley if he wins his case, should be given their costs", he said.