Australian coroner: Police killed Aboriginal prisoner on Palm Island : Melbourne Indymedia

In a highly revealing ruling, a coroner has found that police bashed and killed an innocent Aboriginal man on Queensland’s Palm Island nearly two years ago. The report provides a damning case study of police violence and its systemic use against indigenous Australians.

Acting State Coroner Christine Clements ruled on September 27 that Senior Sergeant Chris Hurley “caused the fatal injuries” suffered by Mulrunji Doomadgee, 36, and left him to die in a police cell after wrongly arresting him on “public nuisance” charges on November 19, 2004.

Initial police efforts to cover-up the death caused a riot a week after Mulrunji (his tribal name) died. About 300 people marched to the courthouse and police station and set fire to them. The outrage was triggered by the partial release of a coronial report showing that Mulrunji had died of internal bleeding. His liver had been broken in two, his spleen ruptured and four ribs broken.

Clements’s detailed 35-page report starts with the fact that Mulrunji, a fit, healthy and much-loved family man, had never been arrested before. Yet, he “ended up dead on the concrete floor of the watch house” less than an hour after being locked up.

Clements said Mulrunji’s arrest was “completely unjustified”. While he was clearly intoxicated, he had done nothing except ask an Aboriginal police liaison officer why the latter was helping arrest another man. Warned by the liaison officer that he would be locked up too, Mulrunji had walked away from the scene. But Hurley drove along the street to arrest him, because “he felt the need to exert his authority”.

As he was being unloaded from the police van at the watch house, Mulrunji, who continued to protest his arrest, hit Hurley on the jaw with the back of his fist. “Shocked at the challenge to his authority on Palm Island,” Hurley punched Mulrunji in the ribs.

The pair then wrestled as Hurley dragged Mulrunji toward the door of the police station. After both men fell through the entrance, Hurley “hit Mulrunji whilst he was on the floor a number of times”. An Aboriginal witness saw Hurley “bending over” the prostrate Mulrunji, with Hurley’s “elbow going up and down three times,” with Hurley saying, “Have you had enough, Mr Doomadgee? Do you want more, Mr Doomadgee? Do you want more?”

Clements noted that Hurley was a huge man, far bigger than Mulrunji. Hurley told the inquest he was “six feet seven inches tall” (200.66 centimetres) and Clements found that “his build [was] proportionate to his height”. Mulrunji was 181 centimetres tall and weighed 74 kilos.

“Senior Sergeant Hurley lost his temper and hit Mulrunji after falling to the floor ... I find that [he] hit Mulrunji a number of times ... After this occurred, I find there was no further resistance, or indeed any speech or response from Mulrunji. I conclude that these actions of Senior Sergeant Hurley caused the fatal injuries.”

Mulrunji was dragged away and deposited in a cell at 10.28 am, without any attempt to check on his state of health. “Mulrunji cried out for help from the cell after being fatally injured, and no help came. The images from the cell video tape of Mulrunji, writhing in pain as he lay dying on the cell floor, were shocking and terribly distressing.”

Clements said his cries must have been heard from the police station dayroom, where the monitor was running. “But the response was completely inadequate and offered no proper review of Mulrunji’s condition or call for medical attention. The inspections were cursory and dangerous even had Mulrunji been merely intoxicated.” At 11.23 am, another officer nudged Mulrunji with his foot and then found no pulse. Clements commented: “The so called arousal technique of nudging Mulrunji with a foot is not appropriate. It cannot be sanctioned.”

Even then, no attempt at resuscitation was made. Clements said this was “alarming”. “We now know from the medical evidence that Mulrunji was beyond saving, but no one knew that when they first examined him.” Instead, an ambulance was called and shortly after 11.30 am, a paramedic pronounced the man dead. Soon afterwards, when Mulrunji’s family came to the police station to inquire when he would be released, they were misled and “sent away”.

Clements condemned the involvement of officers who knew Hurley personally in the initial police investigations. It was “inappropriate” for Hurley to meet the investigating officers at the airport and drive them to the scene of Mulrunji’s arrest; “completely unacceptable” for them to eat dinner at Hurley’s house; and “reprehensible” that their investigations were “so obviously lacking in transparency, objectivity and independence”.

Clements said the Coroners Act prevented her from finding anyone guilty of an offence. Instead, Queensland’s Director of Public Prosecutions (DPP), Leanne Clare, will decide if sufficient evidence exists to lay charges.

Beattie defends police

Despite the coroner’s finding, Queensland Labor Premier Peter Beattie defended Police Commissioner Bob Atkinson’s decision not to suspend Hurley, but instead place the sergeant on desk duties. Beattie lauded the state police as “one of the best police services in the world”. He insisted there was no “systemic problem within the Queensland Police Service”. Police officers showed “sensitivity” to indigenous people.

Demonstrating even more blatantly the culture that exists among Queensland police officers, police union president Gary Wilkinson declared that every police officer in the state stood behind Hurley. He urged the DPP to throw the coroner’s report into the bin as “garbage” and accused Clements of being “anti-police” and “pandering to the residents of Palm Island”.

Beattie swiftly dismissed two of the 40 recommendations made by Clements. The government would not ensure all police watch houses were monitored around the clock and had no plans to decriminalise “public drunkenness”. The first suggestion was “unworkable”, while the second was “not in the public interest” because “I don’t believe that drunks should destroy our quality of life.”

In other words, as far as the Labor government is concerned, nothing much will change, and police violence against Aboriginal people has its full support. Hurley has since been suspended, reportedly at his own request, but is still on full pay.

Beattie’s reaction was in line with everything his government has done in response to Mulrunji’s killing and the fury that it sparked on Palm Island. As soon as the riot erupted, Beattie backed the police in invoking emergency powers. At least 80 officers, including members of the paramilitary Special Emergency Response Team (SERT) sealed off the island, shut down roads and launched early morning Gestapo-style raids on homes. In effect, Palm Island became a testing ground for police-state measures.

As police bashed their way into homes to arrest alleged riot participants, some used stun guns and pointed shotguns at residents. Police in full battle armour wielding semi-automatic weapons confronted children. Within days, 28 people had been rounded up, including a 14-year-old boy and a 65-year-old grandmother, and charged with 64 serious offences such as riot, arson, unlawful assembly, willful damage and assault on police.

Almost half the charges were later thrown out of court, with judges criticising police methods and ruling they conducted illegal interviews. Some children were interviewed without any representation or any understanding of what was happening.

Neither Mulrunji’s killing, nor Labor’s response, is an isolated phenomenon. In fact, most of Clements’s 40 recommendations—such as making arrests of indigenous people a “last resort”—are based on those made by the Hawke federal government’s 1987-1991 Royal Commission into Aboriginal Deaths in Custody. Mulrunji’s death confirms that the killing is continuing 15 years later, regardless of the recommendations.

That inquiry, which reviewed 99 deaths of indigenous prisoners that occurred between 1980 and 1991, was a whitewash that served to sanction further killings. There was not one charge of homicide and, over the next decade, another 145 indigenous prisoners died.

In 2006, Aborigines are still up to 30 times more likely to be locked up than non-indigenous people. The reasons lie in deep-seated poverty and social deprivation. Palm Island, a former penal colony, has 2,500 residents crowded into 200 houses. After decades of abuse, neglect and chronic under-funding, the unemployment rate is 92 per cent. More than half the men die before age 45, and in the past eight months, 16 young people have committed suicide.

From 1918, Palm Island served as the ultimate punishment in a statewide system of confining Aborigines to church missions and government reserves. Nearly 2,000 “troublemakers” were transported to the island from across Queensland. When the state government finally ended the system in 1985 and handed over control of the island to a local council, much of the basic infrastructure, including a timber mill and wharves, was torn down and shipped back to the mainland.

In the wake of Mulrunji’s death, the Beattie government commissioned a report into the future of Palm Island. Written by lawyer Scott McDougall, the 58-page Future Directions report, completed at the beginning of this year, said the social problems—joblessness, poverty, over-crowding, alcoholism and ill-health—were not created by the residents.

“Rather, they result from the unresolved trauma of dislocation, serial under-funding and poor decision-making of successive Queensland governments stretching back to 1918.” The report said the only thriving business, a supermarket, was run at a substantial profit by the state government, forcing some of the poorest people in Queensland to pay 40 percent more for groceries than on the mainland.

McDougall said the problems requiring immediate attention included the provision of adequate housing. While funding was not a solution in itself, he concluded, the allocation of additional funding was “essential in this instance”.

Like the federal Liberal-National government of Prime Minister John Howard and the other seven state and territory Labor governments, Beattie’s government has increasingly refused to fund social services in indigenous communities, instead pushing for the abolition of collective land title, the privatisation of basic facilities and other “private enterprise” schemes.

McDougall’s report advocated steps in this direction. It called for negotiations on private land tenure and for government programs to encourage private investment in “eco-tourism” and such enterprises as a bakery, post office, canteen, garage, motel and aged-care hostel.

Nonetheless, the Beattie government has shelved the report. Unable and unwilling to resolve the social problems, its reaction has been to close ranks with the police and prepare for further repression.

See Also:
Wadeye: a case study of the Australian government's Aboriginal agenda
[24 August 2006]
Australia: Palm Island's dark history of Aboriginal repression--Part Two
[2 March 2005]
Australia: Palm Island's dark history of Aboriginal repression--Part One
[1 March 2005]

http://www.wsws.org/articles/2006/oct2006/palm-o10.shtml

No pig is a good pig but I would set the record somewhat straighter -- QUEENSLAND POLICE murdered man on Palm Island. Be it know throughout the Land that the QUEENSLAND AND WESTERN AUSTRALIAN POLICE are the storm troopers of the nation -- with Victoria, specifically Melbourne police hot on their heels.

The only good pig is a dead pig -- lucky I'm referring to pork pie ingredients, ay!

grumble @#$$#$#!@#!#@@!!

Remember.

Anyone who disagrees with you is a fascist.

The presumption of innocence does not extend to police.

Or politicians.

Or judges.

Or anyone else with whom you have a philosophical difference.

Rights only extend to you and those you support.

Others do not have the same rights you would claim for yourself.

Publius has spoken.

Moonlight State part 37.
by Joh Beatye Wednesday October 11, 2006 at 08:27 PM
Laissez Faire Avenue, Plunderland

Whazzamatta maaate ?

We got the best thugs in uniform money can buy,
in the best democracy money can buy,
in a world where anything and anyone is up for sale.

Indigenous peoel have always been expendable to empires and the mini-ones can be just as Draconian as the biguns just a matter of scale after all. Ozfailure can get a guernsey in the lack of human rights world cup anytime we can be bothered showing up for training by the 21st century CIA and before them the 20th Century British secret service interrogators and their fore-runners the 19th century convict floggers.

Just a few things:

The article is a bit misleading but this might be due to the misleading quality of many news reports. It said:

"In her detailed 35-page report, Clements found that Hurley “hit Mulrunji whilst he was on the floor a number of times”. An Aboriginal witness saw Hurley “bending over” the prostrate Mulrunji, with Hurley’s “elbow going up and down three times,” and Hurley saying, “Have you had enough, Mr Doomadgee? Do you want more, Mr Doomadgee? Do you want more?... "

This failed to mention that the witness said that the punches were to the head and were followed by kicks. Medical evidence ruled out kicks. This left the punches as a possibility. The coroner said it was open to her to rule that the punches were to the body to explain the fatal liver injury because she believed that the witness didn't have a good view.

It failed to mention that the three medical experts were unanimous that if 115kg Hurley had fallen on top that would explain the injuries. However the Coroner decided that the men fell side by side rather than on top like the police witness believed that he observed and Hurley has indicated that he accepts happened.

Also, it indicated that Beattie shelved the report. Contrary to the impression given by media generally, it needs to be clarified that Coroners do not make decisions about charging or not charging. They run an inquiry and are not a second DPP. They take in any evidence they find and try to work out what happened. If they think there could be a potential Criminal Law issue they refer things to the DPP. In this case it was referred to the DPP not "shelved". If someone said that an alien arrived and strangled Mulrunji they are entitled to include that in their report and form a conclusion based on that fact. Their concern is not guilt or innocence but simply an attempt to get some idea of what happened and gather evidence.

Contrast this with the evidence that can be used in court. For a fair trial the evidence allowed in court is more restrictive.

The DPP is the actual decision maker as to whether or not there is sufficient evidence to warrant a trial. They look at evidence that can be used in court and make their decision. They are concerned with whether or not a case can be made against someone.

Although not widely emphasised in the media it is worth noting that in this case the DPP reportedly got advice from retired Supreme Court Judge Thomas. This indicates it was a careful decision. It is also worth noting that Thomas retired recently and had recent criminal law experience as a judge. He also has broad life experience having had a public school education and worked a total of 12 months as a builder's labourer. This contrasts with the elite background typical of the judiciary and would assist him to make sound assessments when issues like scuffles are involved.

The above factors indicating the merits of the DPP decision probably explains why the CMC later made an identical decision (something not emphasised in the media). In response to a complaint (second bite at Hurley) they had to consider whether or not there is sufficient evidence that Hurley caused the death to proceed to a disciplinary tribunal. Their concurrance with the earlier decision by the DPP affirms the soundness of the DPP decision. This is not surprising given the care with which it was made and the calibre of advice that was taken into account in making it.

Finally, since the article and previous comments, aboriginal activist Jessie Street's son, Sir Lawrence Street, headed a review of the DPP decision. He worked as a Barrister practicising extensively in Maritime, Commercial, Banking and Insolvency Law before entering the Equity Division of the NSW Supreme Court. This deals with probate/deceased estate matters, commercial matters, admiralty matters, and protective matters. The Common Law division deals with Criminal Law. He was then appointed Chief Justice of the NSW Supreme Court. Since his retirement in 1988 he has worked as a mediator in commercial matters. Street quickly advised that there was sufficient evidence to proceed to Criminal trial.

Hurley has now been charged and is facing the stigma and stress of a trial for manslaughter. A verdict will probably be produced within about a year.