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. [12], Doomadgee family spokesman, Brad Foster, claimed that after the men had been put into the cells, fifteen minutes lapsed before a seven-second check was done on the inmates. The racial aspects of the story are alarming, so too is the idea that police can act with impunity. 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. Please help update this article to reflect recent events or newly available information. The Premier accepted responsibility for giving "a new minister such a tough portfolio". Police Commissioner Ian Stewart admitted mistakes were made with the way the QPS handled the death in custody. Instead they ordered that the Coronial Inquiry be reopened to re-examine the facts as the original Coronial Inquiry findings were set aside. Black Lives Matter protests have dominated international headlines this year. It's peaceful.". Yet two days after the Palm . [1] The death of Mulrunji led to civic disturbances on the island and a legal, political and media sensation that continued for fourteen years. 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. [16] They appeared to have jumped to a conclusion given their description of the death as "cold blooded murder". "[5], The raids, found to be racist, resulted in a record $30 million class action settlement. [37] She reportedly received advice from former Supreme Court judge James B. Thomas before making this decision. Palm Islanders riot. Cameron's brother Lloyd Doomadgee. 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. "The kids that roam the streets at night, they would have wrecked it. I think the current police leadership here at the moment with the current officer in charge is pretty OK, because he's more about community engaging," he said. The media and the Beattie government ignored Doomadgee's death when it happened on November 19. [89], Even though the Minister had already personally paid the cost of the airfare the Queensland Government ministerial services still pursued Yanner and Foster for the money on behalf of Ms. Clark however they refused to pay. Within an hour Mr Doomadgee was found dead in a cell at Palm Island police station. ), The applicants in the case were Lex Wotton, his partner Cecilia Wotton, and his mother Agnes Wotton. Lex Wotton speaks out. 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 ". [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. [41], The review resulted in the overturning of the DPP's decision, with Street finding there was sufficient evidence to prosecute Hurley with manslaughter. The family and the state coroner were informed of the death at about 3pm that afternoon. He believed that the evidence left room for a finding that a knee drop may have occurred. no semblance of understanding" about the context of the Palm Island community's distress and anger as to what had happened to Mulrunji and the progress of the investigation . In response, residents took to the streets and burnt down buildings, including the police station. ), 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.) 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. [12][25] The pathologist who conducted a post-mortem compared Mr Doomadgee's injuries with those of plane crash victims. Citations are generated automatically from bibliographic data as [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. Chris Hurley receives a confidential payout of A$102,955 from the Queensland Government. [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. The government report described Doomadgee as the 'worst example of the ills of the dormitory system', and referred to Doomadgee girls as being 'most severely restrained': Queensland State Archives, file 1D/133, memo dated 19.6.1950 from the Deputy Director of Native Affairs regarding Doomadgee Mission; see also Queensland, Annual Report of the [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". The monument, a memorial to Cameron Mulrunji Doomadgee, has been moved to his sister Valmai Aplin's front yard on Palm Island, off Townsville. 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. Queensland Police Union President Denis Fitzpatrick demanded the rioters be charged with attempted murder of 12 police. (Palm Island Riots: Federal Court Finds Police Acted with Impunity in Racial Discrimination Lawsuit,supra.) "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. Palm Island death in custody: Community still struggling to deal with memories 10 years on. [34], In late September 2006, Clements found that Doomadgee was killed as a result of punches by Hurley. [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]. [54], In his findings, Coroner Brian Hine disagreed with the Supreme Court of Appeal regarding the knee drop. He was taken into custody by Senior Sargeant Chris Hurley, accompanied by . Jury acquits Hurley on manslaughter and assault charges. "We've learnt each Indigenous community really needs its own guidance and induction package," he said. a convenience, and may not be complete or accurate. 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. Officers preferred confrontation to engagement and operated very much with an us and them attitude. 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. Queensland Director of Public Prosecutions Leanne Clare announces that no charges will be laid against Senior Sergeant Chris Hurley over Mulrunji's death. Sir Laurence advises there is enough evidence to prosecute Snr Sgt Hurley, who is officially suspended. The autopsy report was medical and did not state what caused his death. The injury may have been caused by Hurley falling on the deceased. Rioters burn down the police station, courthouse and the home of officer-in-charge Senior Sergeant Chris Hurley. Justice Kerry Cullinane sets down a two-week trial to start on 12 June in the Townsville Supreme Court for Snr Sgt Hurley. [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. Police began taking statements from witnesses. 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. "We wanted to make certain there was law and order to protect the community.". Palm Island is a picturesque haven of sweeping coastlines and vibrant rainforests. "There's no trust, but all you can do is work together to change things.". It stated that Mulrunji had suffered four broken ribs, which had ruptured his liver and spleen, it also found that the body's blood alcohol content was 0.29 from a cocktail of alcohol including methylated spirits mixed with sweet cordial. "Everyone was angry," he said. [16], The volatile situation was attributed to the lack of consultation with the family and community combined with the premature public release of the autopsy report. ), Wotton was later convicted of inciting a riot and served 19 months in prison before being released on parole. [50], The Attorney General and appellants submitted that if punching is set aside there should be an inevitable finding that the fatal injuries were due to a deliberate application of force by Chris Hurley after the fall, e.g. / 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. Two young men commit suicide as a direct result of Doomadgee's death. Cameron Doomadgee died at the age of 36. 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. When alerted to this, Hurley came into the cell and thought he could detect a pulse. Private investigator hired to carry out an independent investigation into Mulrunji's death. Meanwhile Mulrunji taunted Bengaroo with words to the effect of "why does he help lock up his own people?". A riot erupted involving an estimated 400 people, half of them school children. Cameron Doomadgee, 36, died in a police cell on November 19, 2004. The family also hired a private investigator to conduct an independent investigation of the death. Australia: Police Response to Aboriginal Death in Custody and Ensuing Riot Ruled Discriminatory. 105and therefore are not subject to copyright and are free to use and reuse. They appeared before the Townsville Magistrates Court on Monday 29 November 2004, the first business day after the riot. The inquest resumes on Palm Island for two days, and then for the following three days in Townsville. It has even been earmarked by the State Government for development into a tourism mecca. ), 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 . Doomadgee died a painful death on the floor of a police cell on the island, a former penal institution for Aboriginal people, less than an hour after being locked up, for no good reason, by. Supreme Court of the United States - Warren, Earl, Clark, Tom Campbell - Supreme Court of the United States, Stewart, Potter - Supreme Court of the United States, Wotton v State of Queensland (No 5) [2016] FCA 1457: Summary, Palm Island Riots: Federal Court Finds Police Acted with Impunity in Racial Discrimination Lawsuit, New Zealand: Bill Pardoning Mori Prophet Convicted in 1916 Passed, Canada: Supreme Court Rejects Appeal of Pakistani Canadian Pilot in Discrimination Case, Australia: Queensland Enacts Historic Human Rights Legislation, Australia: Foreign Fighters Bill Introduced in Parliament, Australia's 1967 Constitutional Referendum Related to Indigenous People: The Women Who Campaigned for "Yes". "I think that's something at the end of the day that we have to live with.". [29], Mulrunji's Family had suspicions about the results of the first autopsy by the Queensland government pathologist. [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.