Australia: Killer cop case to be reviewed

Former NSW chief justice Sir Laurence Street has promised a fully independent review of the decision not to charge a Queensland police officer over the death in custody of an Indigenous Palm Islander. Sir Laurence was appointed yesterday to give a second opinion on the decision of Queensland's Director of Public Prosecutions (DPP) Leanne Clare not to charge Senior Sergeant Chris Hurley over the death of Mulrunji Doomadgee in a Palm Island police cell in November, 2004. State deputy coroner Christine Clements had earlier ruled that Snr Sgt Hurley caused his death.

Former chief judge of the District Court Pat Shanahan was initially appointed to review the case, but quit over a perceived conflict of interest after it was revealed he'd sat on a panel that appointed Ms Clare the DPP.

Sir Laurence said today he was "utterly detached" from all parties involved in the case, having only read the occasional article. "It's an important matter in the public arena but I have no personal embarrassments or baggage, if you like, from the past," he told ABC Radio. "What I can say is I am, in fact, utterly detached from it. "I'm aware of it simply as an Australian citizen." Sir Laurence said he anticipated no difficulties in discharging his professional duties. "But I don't minimise the sensitivity and importance," he said. "It's got to be done properly and carefully and thoroughly and correctly."

Sir Laurence's appointment has been welcomed by the Indigenous community, which called for an interstate appointment to ensure the impartiality of the reviewer. Sir Laurence will work with Brisbane barrister Peter Davis and expects within five weeks to finalise a report to be presented to the Queensland parliament.

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Background -- from Dec. 16, 2006:

National tensions over indigenous justice erupted yesterday as the Howard Government and Aboriginal leaders demanded an independent review of the decision not to charge a police officer over a death in custody. A day after authorities announced no criminal or disciplinary charges would be laid against Senior Sergeant Chris Hurley over the death of a drunk Mulrunji Doomadgee on Palm Island two years ago, federal Indigenous Affairs Minister Mal Brough urged Queensland Premier Peter Beattie to arrange for a review or second opinion in the case.

Mr Brough, a Queenslander, pointed to the "stark differences" between state Deputy Coroner Christine Clements's findings that Sergeant Hurley caused Doomadgee's death, and Director of Public Prosecutions Leanne Clare's decision on Thursday not to lay any charges over the incident. "This strikes me as a reasonable case for a second opinion, and the matter may not be resolved in the minds of concerned people unless that occurs," Mr Brough said.

Senior indigenous Labor figures Warren Mundine and Linda Burney immediately rounded on the state Government for letting the decision stand. But Mr Beattie refused to intervene yesterday, instead suggesting Ms Clare use her powers to initiate an independent review, as she had done in a similarly contentious case in the past. "That's her decision. We will not have any political interference either from my Government or from Mal Brough," he said. Ms Clare refused to comment last night. And her office would not detail the extra evidence she considered, in addition to that raised at the inquest into Doomadgee's death, in deciding not to prosecute.

The coronial inquest was told that Doomadgee, who was drunk and had been arrested for swearing, struck Sergeant Hurley in the face at the Palm Island watchhouse and a "scuffle" ensued. Sergeant Hurley said he landed on the concrete floor of the watchhouse beside Doomadgee. However, the prisoner suffered four broken ribs and his liver was torn in two. In findings delivered in September, Ms Clements said "these actions of Senior Sergeant Hurley caused the fatal injuries" and the officer's failure to check on Doomadgee in his cell was "callous and deficient".

An initial autopsy report on Doomadgee's injuries sparked riots on the island in December 2004. Alleged riot ringleader Lex Wotton yesterday called on Mr Beattie to go to Palm Island, explain what had occurred and "hear our cries". "This will traumatise a whole generation of indigenous people," he said. Doomadgee's former partner, Tracey Twaddle, and his grieving sisters plan to launch a civil action against Sergeant Hurley.

Mr Beattie's stance was supported by federal Opposition indigenous affairs spokeswoman Jenny Macklin, but Labor Party president Mr Mundine said the law had "turned its back on Aboriginal people". "The Beattie Government need to bloody do something - they can't just can't sit there and do nothing while this is going on," Mr Mundine said. "They need to stop bullshitting and sitting on their hands. "There's been a number of incidents in the last few years in Queensland and what's ever been done about them?"

Ms Burney, ALP vice-president and a NSW state Labor MP, said the Queensland Government must hold an independent review of the DPP's decision. "On the basis of community concern, there is probably justification for another look at it," she said. But Ms Macklin said "the important thing is for us all to recognise that the DPP is independent of politics".

Prominent Aboriginal leader Noel Pearson accused Ms Clare of "driving indigenous people to depths of despair" and called for her NSW or Victorian counterparts to undertake a review. "Ms Clare's competence has been under question since day one," Mr Pearson said. "She has been appointed DPP in an orgy of political correctness by the Queensland Labor Government. "Nobody in Queensland can have confidence in her judgment, and the Government should forthwith, for the confidence of the indigenous people in this state's legal system, seek a second opinion from a Director of Public Prosecutions in another jurisdiction."

A spokesman for Queensland Attorney-General Kerry Shine said last night the Government was powerless. "The DPP is independent and free of political interference and it is up to the DPP to seek any review," he said. But indigenous lawyers plan to meet Mr Shine next week to discuss their options. The south Queensland principal legal officer of the Aboriginal and Torres Strait Islanders Legal Service, Greg Shadbolt, said while a referral to an interstate DPP would be sought, other options might include filing a private criminal complaint to a magistrate to determine if there is a prima facie case against Sergeant Hurley. "Given the findings of the coroner, one would have thought there is sufficient evidence to put before a jury for a jury to decide," he said.

Palm Island Acting Mayor Zac Sam said the council was also investigating whether a civil case could be brought against Sergeant Hurley. Sydney lawyer Stewart Levitt, who is representing several alleged Palm Island rioters, said he intended to file a complaint against the Queensland Government to the UN. Mr Levitt said the DPP's decision not to charge Sergeant Hurley provided further "evidence that a black life if not worth the same as white life in Queensland".

But Police Minister Judy Spence said she supported Ms Clare's decision and could understand why it was difficult for people to see how two arms of the judicial system could come to two different conclusions. "It's really a different test of evidence in each jurisdiction. I just remind people that it is common for judges to disagree." Mr Brough said it was possible that both Ms Clare and Ms Clements were correct in law. National Indigenous Council member Wesley Aird said the Beattie Government, by not intervening, was sending a message that police officers were more important than vulnerable Aboriginal people. "This community is just getting kicked while they are grieving. This wouldn't happen to a non-indigenous community," he said. Former Fraser government Aboriginal affairs minister Fred Chaney, co-chair of Reconciliation Australia, called on Mr Beattie to "restore confidence in the administration of justice". Doomadgee's sister, Valmai Aplin, said she did not know whether she could be strong enough to carry on without achieving justice for her brother. "In my heart I feel that my brother's soul will never rest until the person who did that to him is behind bars," she said.

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