Cameron Doomadgee, 36, died in a police cell on November 19, 2004. [6], Later the same day approximately 80 additional police from Townsville and Cairns were flown to Palm Island to restore order. Conditions were imposed such as not being allowed to return to Palm Island, not even for the funeral of Mulrunji. Source: AAP November 2004 (. After others were acquitted, he successfully challenged the legal proceedings and withdrew his guilty plea in May 2007. But Councillor Lacey said the islanders needed more time to deal with the past before that would be possible. The strong police presence was not welcome on the island. A riot erupted involving an estimated 400 people, half of them school children. Lawyers for both the Doomadgee family and Hurley asked that the Coroner disqualify himself (although for different reasons). The media and the Beattie government ignored Doomadgee's death when it happened on November 19. Island residents marched from the town square and burnt down the police station, court house and police houses. 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. 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. At the age of 63 they set off for one more trip to Mount Sinai. Meanwhile Mulrunji taunted Bengaroo with words to the effect of "why does he help lock up his own people?". 2016. What happened in the 45 minutes from Doomadgee's arrest till his death should weigh heavily on Australian audiences. (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. They appeared before the Townsville Magistrates Court on Monday 29 November 2004, the first business day after the riot. 13.05 MB. 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. Townsville District Court Judge Bob Pack hands down a ruling upholding Chris Hurley's appeal and ordering a fresh inquest in Mulurunji's death. Private investigator hired to carry out an independent investigation into Mulrunji's death. Coronial inquiry into Mulrunji's death begins. I found this a confronting and uncomfortable read. [50], The Court then addressed the Attorney-General and the appellants' argument that only the Coroner's finding that punching caused the fatal injuries should be set aside as a result of the medical evidence. 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. "We sometimes involve members of the community in the selection processes, but we certainly involve the community when a new officer arrives.". The applicants lawyer, who took the case on a pro bono basis, stated following the ruling: Its the first time an entire community has been represented in a class action against a state of Australia alleging racial discrimination and being vindicated in that cause. [27] His comment was criticized as hypocritical and systematic of "one rule for us and one for whites and that's a racist legal system where the cops get their way" by Burketown 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. ", In 2007 Tony Koch, The Australian's chief reporter in Queensland, won the Graham Perkin Australian Journalist of the Year Award for his coverage of the 2004 Palm Island death in custody and related events.[67]. (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. "Everyone in the end really wanted to know what really happened. 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[5], The raids resulted in a record A$30 million class action settlement and a formal apology to be made by the State Government. [91] Liddy Clark and the two ministerial staff denied deliberately misleading the public. [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]. On November 19th 2004, Cameron Doomadgee, also known as Mulrunji, was arrested for allegedly causing a public nuisance. The inquest proceedings are stalled after allegations of bias are made against Mr Barnes. [40] Former Chief Justice of the Supreme Court of New South Wales, Sir Laurence Street, was selected to review the decision not to charge Hurley over the death of Mulrunji. Palm Island death in custody: Community still struggling to deal with memories 10 years on. Queensland police halt plans to march on state parliament over Snr Sgt Hurley being charged after Premier Peter Beattie accedes to demands for closed circuit cameras in watchhouses in Aboriginal communities. 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. (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. "That was a bit sad for us to see all that still going on," Ms Aplin said. [65], The Police Union were apparently incensed that a police officer should be the first person in Queensland since the public prosecutor's office was established to be indicted based on a decision of someone other than the DPP and argued that it amounted to political interference in the Justice System. I want people to have love". The subsequent trial of Senior Sergeant Chris Hurley - who had been decorated . These works are also available for worldwide use and reuse under CC0 1.0 Universal. 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. Mulrunji who had walked away, turned and allegedly swore at the police officers. Cameron's brother Lloyd Doomadgee. "We wanted to make certain there was law and order to protect the community.". [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. [17], The deceased was 181cm tall and weighed 74 kilograms. Chris Hurley received a confidential payout of A$100,000 from the Queensland Government in February 2005. 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. On 19 November 2004 he was found dead in a cell in the police station on Palm Island. 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. A resident and his partner were later awarded A$235,000 in compensation for assault, battery and false imprisonment. Learn how to plan a screening for the film The Tall Man, produced by Blackfella Films, the story of Palm Island, the tropical paradise where one morning Cameron Doomadgee swore at a policeman and . He was locked up for being drunk and a public nuisance, and at the time of his arrest had no visible injuries. Former NSW chief justice Sir Laurence Street starts review of DPP's decision. A number of others involved in the riot also faced criminal proceedings. He was taken into custody by Senior Sargeant Chris Hurley, accompanied by the Indigenous Liaison Police officer Lloyd Bengaroo. [citation needed], They noted that the Coroner did not refer to that evidence in her report. The coroners preliminary report found that Mulrunji died after falling over a step. Australia: Police Response to Aboriginal Death in Custody and Ensuing Riot Ruled Discriminatory. [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. This was accepted as a possible means by which the injury could have occurred". It's peaceful.". 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 . [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. 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. Second inquiry begins with Deputy Coroner Christine Clements as Acting Coroner. [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". 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". [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. It is not an easy one to tell. [29], Mulrunji's Family had suspicions about the results of the first autopsy by the Queensland government pathologist. November 19: Cameron Doomadgee, 36, dies in custody at Palm Island police station after being . [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". dangerous driving in which shots were allegedly fired at a getaway car in May 2015. assaulting a female colleague in February 2016. The death of Mulrunji Doomadgee and the illusion of postcolonial Australia SARAH KEENAN REFERENCES 1. He is drunk, and as they arrive at the station he strikes Senior Sergeant Christopher Hurley in the face. [1] The death of Mulrunji led to civic disturbances on the island and a legal, political and media sensation that continued for fourteen years. 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. 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. His name was Cameron Doomadgee, and in her new book, "Tall Man," Chloe Hooper sets out to tell his story. Yanner said that Hurley was no racist, that he was loved by the Indigenous communities he had previously worked in, and that he identified with Hurley in that "he was a thug and a mug. "We were trying to ensure the protection of the community, the protection of the police and government servants who worked there. Lawyers for Chris Hurley appeal to Queensland's District Court to overturn Deputy Coroner Christine Clement's 26 September 2006 findings that he had fatally injured Mulurunji. [59] 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. ), Mulrunjis autopsy showed that he died of major internal injuries. Fellow Palm Islander Patrick Bramwell was placed in the adjoining cell. The directions hearing was held in a marquee, because there were no premises on the island large enough for the expected audience. "[5], The raids, found to be racist, resulted in a record $30 million class action settlement. The letter stated that the branch was active in organising protests against the Premier and his upcoming opening of a new Queensland Police Youth Club facility on Palm Island. [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. [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. [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. Cars and machinery were driven onto the runway, blocking all aircraft movement. [53] Prosecutor Peter Davis suggested that this (the fact of giving a shorter estimate in court not the out of court attempt to get a more accurate estimate) was an attempt to sabotage prosecutors. In mid-February 2005 Chris Hurley resumed duties after three months on paid leave. 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. He was taken into custody by Senior Sargeant Chris Hurley, accompanied by . 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. Hurley medically retired from the Gold Coast station of the Queensland Police in 2017[2] following a string of charges while serving as a police officer including assault and dangerous driving. Later the timing of the "emergency" was disputed by lawyers for the Palm Island community. (Id. Mr Stewart said several measures had been put in place to repair the damaged relationships. 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. "Without a doubt we learnt very many things from our response at Palm Island way back 10 years ago," he said. ), 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.) The Library of Congress has no objection to the international use and reuse of Library U.S. Government works onloc.gov. Mulrunji was placed in the two-cell lockup which was the back section of the Palm Island Police Station. 16 barristers and solicitors appeared representing the Queensland Government, the Doomadgee family, the Human Rights and Equal Opportunity Commission and the Queensland Police Service. / Now at peace / #blacklivesmatter#, In November 2020, the memorial was moved to the garden of his sister, Valmai Aplin, as it was getting vandalised by children in its earlier location, just before the anniversary of Mulrinji's death. Patrick Bramwell, a cell-mate of Mulrunji, repeatedly attempted to set himself on fire after giving evidence before the first coronial inquest. Wotton initially pleaded guilty to the charge of rioting, and was found guilty at trial. ), Wotton was later convicted of inciting a riot and served 19 months in prison before being released on parole. Section 9(1) of the Act states that, [i]t is unlawful for a person to do any act involving a distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of any human right or fundamental freedom in the political, economic, social, cultural or any other field of public life. 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. Buchanan, Kelly. "I don't regret what happened at that particular time," he said. a convenience, and may not be complete or accurate. [8], The arresting officer, Senior Sergeant Chris Hurley, and the Indigenous police liaison officer, Lloyd Bengaroo, were flown off the island the following Monday, after receiving death threats and Hurley's house being burned down. The police who had been stationed on the island indicated through the Union that they did not wish to return to Island duties. [44] Hurley was found not guilty after medical evidence was given which discredited claims by other witnesses of an assault by Hurley upon Doomadgee. [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. At 11.20am on November 19, a 36-year-old Aboriginal man, Cameron Doomadgee, died in the police watch-house on Palm Island, 70km north of Townsville. The racial aspects of the story are alarming, so too is the idea that police can act with impunity. Buchanan, Kelly. Large group of Palm Islanders and police turns up to watch. It explores what happened when Cameron Doomadgee, a 36-yr old Indigenous man was found dead in a Palm Island police station, with injuries that didn't reasonably fit with tripping into the station's step, as the Police had claimed. [23], An emergency situation was declared under the Public Safety Preservation Act 1986 (the Act) on the afternoon of the riot. [71], In 2010, artist Vernon Ah Kee created a four-screen video installation at the Museum of Contemporary Art in Sydney, entitled Tall Man. Police began taking statements from witnesses. Residents accused Senior Sergeant Hurley of murder, but he was acquitted of manslaughter in 2007 by an all-white jury. [12] On the first day of the inquiry the Coroner also disclosed that he had headed the complaints section of the Criminal Justice Commission in the early 1990s, when several complaints had been made about Hurley, but he had not handled the investigation and could not remember the complaints. From the time he was found unresponsive in that concrete. She decided that the inquest would start afresh on 29 March 2005, with a three-day directions hearing in Brisbane. (, 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. Hurley then reentered the car and talked with Bengaroo briefly. The Queensland government has reached a $30 million settlement with Palm Island residents in a class action in the Federal Court over the 2004 Palm Island riots that followed the death in police custody of Aboriginal man Cameron Doomadgee. Residents report officers pointing guns at children's heads and being tasered. Within an hour Mr Doomadgee was found dead in a cell at Palm Island police station. According to Yanner and Foster, Minister Clark's Senior Policy Advisor had asked them to fabricate a story for the public that they had agreed to reimburse the cost of the flights, while assuring them they would not have to pay. This page was last edited on 18 February 2023, at 19:37. [20] The local courthouse, police station, Hurley's home and the police barracks were burned down. 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. [18] "It was an extraordinarily difficult circumstance," Mr Beattie told the ABC. It detailed 65 recommendations which seek to reduce violence and overcrowding, and improve standards of education and health. One of the sisters needed to be airlifted to Townsville Hospital due to her condition as a result of Bramwell's assault. [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. State Coroner Michael Barnes stands down from the inquiry after claims of bias. 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. Eighteen local police had to repeatedly retreat; firstly receding from the station to the residential barracks, then when the barracks were also set alight they (and their families) withdrew to the hospital and barricaded themselves in. [47][48], On 17 December 2008 District Court Judge Bob Pack, in Townsville, ruled that Clements' finding "..was against the weight of the evidence..",[47][48] so upholding Hurley's appeal, requiring a new coronial inquiry and outraging local Aboriginal people who feared this would "..only dig up buried bones..". [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. [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. ), 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 . [52] During the course of the coronial enquiry it was revealed that a police witness Senior Sergeant Michael Leafe originally estimated that Hurley was alone with Mulrunji for 10 seconds but changed it to 6 or 7 seconds after reenacting his actions during that time and timing it on the request of Hurley's lawyer. The Palm Islanders rioted and burnt down the police station. [92], The adverse finding was based on a media statement to The Australian which made the positive statement; "we agreed to assist with the airline bookings on the understanding that they would pick up the cost" when it was known at the time by the Minister that the possibility of the airfares being repaid was only mooted after the tickets had been booked. Show Almost 10 years ago Cameron Doomadgee died in police custody on Palm Island. ", "[I] come out every night, just sitting down [beside the memorial]. (Racial Discrimination Act 1975 (Cth). Retrieved from the Library of Congress, . "I'd like to see it being a nice little, nice prosperous town, a lot of employment in the town, investment in the town. [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. In May, a third coronial inquest delivered an open finding but was highly critical of the police involvement in the case. 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. Hurley case begins in Townsville Supreme Court. "Brought it up home and it made a big healing process for all of us," Ms Aplin said. [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. [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. ), Cameron Doomadgee (commonly called Mulrunji), a 36-year-old Aboriginal man, died in police custody on Palm Island on November 19, 2004. 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. U.S. Reports: Dresner v. City of Tallahassee, 375 U.S. 136 (1963). 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. (Palm Island Riots: Federal Court Finds Police Acted with Impunity in Racial Discrimination Lawsuit,supra. [50] They further noted that the medical evidence before the Coroner allowed for the possibility that punches were one possible explanation for the facial injuries or bruises, but the medical evidence unequivocally rejected punching described by Bramwell as a cause of death. Police officers in riot gear, wearing balaclavas, with no identification and carrying large guns, marched into the community, conducting early-morning raids. [21], Numerous police officers were flown into Palm Island following the riot. Instead they ordered that the Coronial Inquiry be reopened to re-examine the facts as the original Coronial Inquiry findings were set aside. The monument, a memorial to Cameron Mulrunji Doomadgee, has been moved to his sister Valmai Aplin's front yard on Palm Island, off Townsville. Aboriginal and Torres Strait Islander readers are advised this article contains the name and image of someone who has died. Mr Beattie admitted the events surrounding the death in custody severely damaged relationships. [16] Part of the flown in police contingent was the tactical response group who wore riot shields, balaclavas and helmets with face-masks, Glock pistol at the hip and a shotgun or semi-automatic rifle in their right hand. [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/. 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. "And everyone also wanted a fair and impartial investigation into what really happened.". 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. 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. He found that the injuries could have been caused by Hurley accidentally falling on top of Mulrunji, or by the officer "dropping a knee into his torso".