Ensure that Justice is Served

THE COORABIN

DECISION LONG TINES COMING
Thursday, 28 September, 2006
The Townsville Bulletin

JUSTICE has been a long time coming for Mulrunji Doomadgee, and while there is no joy in the decision brought down by Acting State Coroner Christine Clements yesterday into his death in police custody on Palm Island, there is definite cause for Australia’s indigenous population to mark the event.

It is the first time someone in authority has been found accountable in the death of an indigenous person in custody. As such, it is a landmark day for indigenous Australians and the future of their relationship with this country.

The acting coroner’s decision was a brave one, coming as it has after years of inaction on previous black deaths in custody.

The recommendations of the Royal Commission into Aboriginal Deaths in Custody, conducted from 1987 to 1990, have largely been ignored by law and policymakers in Australia.

The investigation, of 99 deaths in custody, made a series of recommendations which used as their base the disproportionate rate at which indigenous people are arrested and imprisoned in Australia.

This was identified as the principal and immediate explanation for the deaths in custody. Yesterday’s decision included the finding that Mulrunji Doomadgee need not have been arrested that day.

Ms Clements in fact called for a diversionary centre on the island so that drunken people could be taken there instead of the watchhouse.

While the Royal Commission into Aboriginal Deaths in Custody sought to investigate deaths and outline possible solutions to the underlying issues which contribute to their frequency, it would be fair to say that no headway has been made on behalf of indigenous communities on that score.

The events after Mulrunji’s death on November 19, 2004 are proof of that.

Authorities, led by the Federal Government but supported by state and local governments as well, face many challenges, not least of them putting into place possible solutions for a crisis which has already been more than 200 years in the making.

Casting blame for past failures will not help – looking to the future and offering policies which have been well thought out, well funded, and which take into account the wishes and desires of those communities which they seek to help are of paramount importance now.

http://townsvillebulletin.news.com.au/common/story_page/0,7034,20488565%255E15702,00.html

The National Tenant Support Network (National TSN) is an independent, unincorporated not-for-profit initiative delivering a range of services to social and affordable rental housing stakeholders throughout Australia and New Zealand. These services have been delivered consistently and without charge since 1988. For further information contact the Coordinator, Garry Mallard, on (02) 6492 0355, Mob: 0412 249 218, email: gmallard@thenexus.org.au

COORABIN means “constantly flowing spring”. It is hoped that COORABIN bulletins will provide a reliable flow of up-to-the-minute news, research and general information on issues relating to Indigenous health, welfare and community. Subscription is free and open to all.

Rally for Justice! 10am Tues Oct 10, Brissy
Justice for Mulrinji – Rally Tues Oct 10, 10am, Queens Park

From: Brisbane Activist Centre

Justice for Mulrinji – Rally Tues Oct 10, 10am, Queens Park,

Posted by: “Brisbane Activist Centre” brisbane@resistance.org.au brizresist

Please pass on broadly

Rally and March
Justice for Mulrinji
Stop black deaths in Custody

Rally 10am, Tues Oct 10, Queens Park (Cnr Elizabeth and George Sts)
March to State Parliament.

The coroner’s report into the death of Palm Island man Mulrinji found that
he had been killed by Senior Sergeant Chris Hurley. Mulrinji should never
have even been arrested, yet within an hour he was dead in a police cell
with 4 broken ribs and a liver almost split in half.

Yet almost 2 years later, Hurley is still working, still being paid by our
taxes. We demand: Hurley’s employment must be terminated immediately, and
the Department of Public Prosecutions given every assistance to bring proper
charges against the parties responsible for the killing of Mulrinji.

All welcome – this is an issue of basic justice and human rights. Imagine if
it was your son, brother, loved one?

Officer in Palm Island death case suspended

October 07, 2006 07:17pm

http://www.news.com.au/couriermail/story/0,23739,20542332-5003402,00.html
THE officer blamed for the death of an Aboriginal man in police custody on Palm Island has been suspended from duties, Queensland Police Commissioner Bob Atkinson said.

Senior Sergeant Chris Hurley will be suspended from all police duties with pay, Mr Atkinison said in a statement tonight.

Deputy state coroner Christine Clements last week ruled Sgt Hurley caused the death of 35-year-old Mulrunji Doomadgee in police custody on Palm Island on November 19, 2004.

She ruled the officer had struck Mr Doomadgee several times before police left him in a holding cell where he died.

Sgt Hurley had been restricted to desk duties at a Gold Coast police station as he awaits a decision from the Director of Public Prosecutions on whether to bring criminal charges.

Mr Atkinson said lawyers for Sgt Hurley had requested he be suspended from duty with pay.

“Mr Atkinson considered all aspects of the submission and decided to issue a notice of suspension from all police duties with pay in relation to Sgt Hurley,” the statement said.

“It is anticipated that this notice will be served this weekend and will take affect immediately upon service.”

Unrest following Mr Doomadgee’s death sparked a riot which left the island’s police complex burned to the ground.

There had been repeated public calls for Sgt Hurley to be stood down following the coroner’s findings.

PEACE & GOD BLESS

Kirky a Koori in Parkes. Oz.
Wife, mum, nan, sista, aunt, cuz & friend 2 all.
http://kirkys-world.tripod.com
1 stick can B broken ~ a handfull 2gether can’t B broken ~ In Solidarity iz Strength.

via Kirky and redfern-waterloo

Andrew Boe: Shame of palming off report
The political response to a judicial inquiry is out of order

October 06, 2006

http://www.theaustralian.news.com.au/story/0,20867,20531599-7583,00.html

QUEENSLAND’S acting coroner Christine Clements last week published findings concerning the death of Mulrunji Doomadgee in Palm Island. He was found dead in a police cell in November 2004, less than an hour after being arrested for swearing as he was walking home.
Clements found that Chris Hurley, a senior sergeant, angrily punched him several times while he was on the floor and that these actions “caused the fatal injuries”.

Clements, who said Doomadgee should never have been arrested, severely criticised the entire police investigation. She added that “clear directives from the police commissioner and a commitment to ensure proper standards of investigation are required to restore public confidence”. She was referring to the disinterest and obstructiveness by senior police called to give evidence.

It cannot be disputed that policing in indigenous communities is difficult. The well-documented socioeconomic failings in these communities cannot be ignored in any analysis or in devising effective policing policies. These difficulties cannot, however, condone police thuggery or collegiate and institutional indifference towards such conduct.

There has been significant political blustering as a result of these scathing findings. Important points have been deflected by Police Commissioner Bob Atkinson, Police Minister Judy Spence and Premier Peter Beattie.

For example, much has been made about the coroner not recommending criminal charges. Yet amendments to the Coroners Act 2003 changed the function of coroners: they are no longer permitted to determine whether any person is to face trial.

The purpose of an inquest was refined so a coroner could get to the truth as to how a death occurred without being hindered by the rules of evidence that might apply in any trial.

The other public responses of the commissioner and the Government suggest these findings came as a surprise or have little relevance. These responses are disingenuous and unsatisfactory.

It is nearly two years since Doomadgee’s death. The process took much longer than it should have, primarily due to two unsuccessful appeals brought by Atkinson and Hurley against some rulings made by Clements.

Atkinson first sought to prevent the parties having access to records of previous complaints made against Hurley (by others who claim to have been assaulted by him in Palm Island) and how they had been investigated (and dismissed) by the police. Second, they argued that a coroner was not entitled to take any of these previous matters into account in making her findings. These arguments were rejected in two Supreme Court rulings.

Throughout this process, police interests were forcefully asserted by senior counsel and teams of lawyers. Every opportunity was afforded to them to make their positions known in respect of damning evidence. Incidentally, the commissioner publicly declared his support for Hurley in The Australian on the first day of the inquest.

It is in this light that the failure of the commissioner to make any adequate response, or for Spence and Beattie to now criticise some of the recommendations, should be viewed. Each of them has been aware these issues were being canvassed in the inquest and none took the proper opportunity to sensibly contribute to this important independent judicial inquiry. The decision of the Government and commissioner not to make any submissions to the coroner was a cynical political exercise.

The inaction in respect of the findings is appalling. Announcements that a special taskforce would examine the coroner’s findings to look at implementation, and that the commissioner would review matters before deciding what to do in respect of the findings, are insulting.

The suggestion that a taskforce could be impartially headed by the Premier’s director-general is open to criticism that he will be conflicted in assessing whether to implement any recommendation because of his primary duty to protect the interests of his boss. He is being asked to assess Government decisions which may have contributed to the parlous state of policing in question.

Of course, nothing should interfere with the Department of Public Prosecutions’ independent decision on whether to prosecute Hurley. However, does that absolve the entire administration from responding to these serious findings? The findings cannot be dismissed as mere allegations.

Finally, Gary Wilkinson, president of the Police Union, who contemptuously dismissed the findings as rubbish before embarking on a personal attack on Clements, most transparently reflects police interests in this matter.

However, the dismissal of Clements’s findings by the Premier, the Police Minister and the commissioner is more concerning. It underpins the systemic and political disregard for any criticism of policing even if it follows a judicial process covering nearly two years and which comes from a judicial officer hand-picked by this Government.

A responsible government would act swiftly. The coroner’s findings comprise the third official report that the Queensland Government has commissioned about Palm Island since the death and riots. The other two are from a parliamentary committee and from a lawyer. Both were commissioned by Beattie’s Government and both are gathering dust.

Andrew Boe appeared for the Palm Island Council and community at the inquest.

PEACE & GOD BLESS

Kirky a Koori in Parkes. Oz.
Wife, mum, nan, sista, aunt, cuz & friend 2 all.
http://kirkys-world.tripod.com
1 stick can B broken ~ a handfull 2gether can’t B broken ~ In Solidarity iz Strength.

DPP must bring prosecution against Sgt Hurley after Palm Island inquest

http://makeashorterlink.com/?A23235AED

Yesterday’s findings by the Acting State Coroner, Chris Clements, into the death of Mulrunji on Palm Island now put the ball firmly in the court of the Director of Public Prosecutions.

The DPP will need to act following Mr Clements’ findings that Mulrunji’s death in the Palm Island watch house was consistent with blows to his body by Sgt Hurley. This is despite the fact the coroner is unable, by law, to make such a recommendation.

Queensland Greens spokesperson on Indigenous issues, Drew Hutton, asked how many Murris needed to die before a policeman was brought to justice following a death in custody.

“Given the number of times Aboriginal communities have had their young men killed in police stations with no repercussions for those who caused these deaths, it is hardly surprising they should burn down one of these stations,” Mr Hutton said.

“The Coroner made it clear Mulrunji should not have been arrested in the first place, that there was not the skill, resources or inclination to provide him with first aid in the watch house and that the Police initially tried to cover it up.

“People should also remember that this tragedy affected more than Mulrunji. His mother died of a broken heart soon after him and his son committed suicide. The Palm Island community is also still trying to come to terms with his death.”

The Greens are also calling for the State Government to take full account of the Coroner’s other findings with regard to implementing the recommendations of the Royal Commission into Aboriginal Deaths in Custody, the need for proper cultural awareness training for police sent to Indigenous communities, for changes to the Police Operating Manual and for diversionary centres.

Mr Hutton also noted the Coroner’s report on the Police inquiry of the incident was scathing and revealed great weaknesses in the procedures and leadership of Queensland Police.

Justice for Mulrinji – Rally Tues Oct 10, 10am, Queens Park From: Brisbane Activist Centre

Justice for Mulrinji – Rally Tues Oct 10, 10am, Queens Park,

Posted by: “Brisbane Activist Centre” brisbane@resistance.org.au brizresist

Fri Oct 6, 2006 12:07 am (PST)

• Please pass on broadly.

Rally and March
Justice for Mulrinji
Stop black deaths in Custody
Rally 10am, Tues Oct 10, Queens Park
(Cnr Elizabeth and George Sts)
March to State Parliament.

The coroner’s report into the death of Palm Island man Mulrinji found that he had been killed by Senior Sergeant Chris Hurley. Mulrinji should never have even been arrested, yet within an hour he was dead in a police cell with 4 broken ribs and a liver almost split in half.

Yet almost 2 years later, Hurley is still working, still being paid by our taxes. We demand: Hurley’s employment must be terminated immediately, and the Department of Public Prosecutions given every assistance to bring proper charges against the parties responsible for the killing of Mulrinji.

All welcome – this is an issue of basic justice and human rights. Imagine if it was your son, brother, loved one?

ALL INQUIRIES—SAM WATSON ( 0401227443 )**

• a copy of the petition; or
• a copy of the leaflet for the rally
  .....please respond to brisbane@resistance.org.au

when a person is beaten until his liver is split and his ribs broken…
and no help is offered…
and he lays down, his cries for help are ignored, and he dies… in a prison cell, away from those he loves;
whilst he has officers of justice “responsible” for his CARE and wellbeing in attendance;
and i think about the pain he needlessly suffered.

It becomes stark and clear that SOMETHING MUST BE DONE!

WHY IS THIS POLICE OFFICER NOT STOOD DOWN, why does he still work in our system of “Justice”?

WHY HAS HE NOT BEEN CHARGED WITH MURDER!

Genocide, on our shores, now, today.

Please, Mr Beatie… you are the elected “Representative” of your people.

DO SOMETHING NOW!

or hang your head in SHAME!

from
http://au.news.yahoo.com/060922/2/10my9.html
Friday September 29, 02:42 PM

Beattie calls for calm after Palm Report.

Queensland Premier Peter Beattie has urged all parties to “cool it” as he seeks to quell the public furore following a coroner’s findings into an indigenous man’s death in custody.

Indigenous leaders and the member for Townsville, Mike Reynolds, have criticised police commissioner Bob Atkinson’s decision not to stand down the officer at the centre of the storm, Senior Sergeant Chris Hurley.

ADVERTISEMENT

The state’s police union, meanwhile, has attacked deputy state coroner Christine Clements’ controversial findings on the death of Mulrunji Doomadgee, accusing her of having an anti-police agenda.

But Mr Beattie on Friday called on both sides to exercise restraint.

“It is absolutely essential that we all moderate our comments in relation to these matters, particularly in respect of the coroner, until we see what the director of public prosecutions is going to say,” he said.

“I think everyone should just cool it, let due process take its course.”

Ms Clements ruled on Wednesday that Sgt Hurley was responsible for the death of Mr Mulrunji in the Palm Island watchhouse in November 2004.

She found Sgt Hurley had punched Mr Mulrunji, causing fatal injuries and ruled his arrest, for drunk and disorderly, was unnecessary.

However, she did not publicly recommend charges against the officer, instead referring the matter to the Director of Public prosecutions whose office is considering the matter.

Mr Atkins removed Sgt Hurley from operational police duties but kept him on the payroll in a plain-clothes desk job.

Mr Beattie said the government would be implement most of the 40 recommendations made by Ms Clements.

But he said the government could not ensure watchhouses in remote centres 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, Mr Beattie said.

“If you are drunk and you are disrupting the community then frankly, you have breached what I believe to be sensible standards … I do not believe that the rest of the community should be disrupted by drunks,” he said.

“It would mean that if you were sitting (at) an outside cafe or you were sitting in a restaurant on the footpath you could be harassed by drunks.

“Frankly, I don’t want to see that happen and we are not going to change the law.”

Signed in total agreement.
http://www.thepetitionsite.com/takeaction/484473238

George W Bush Is A War Criminal
We the undersigned people of the world community hereby name George W. Bush a War Criminal.

We the undersigned people of the world hold George W. Bush accountable for his grievous, reckless and wanton breaches of the following international laws – The Geneva Convention and The Nuremberg Tribunal Principles of 1950 – outlining crimes against peace, war crimes and crimes against humanity.

Therefore, we the undersigned hereby hold George W. Bush accountable as a War Criminal and demand his immediate arrest and the full enforcement of existing international law.

http://www.thepetitionsite.com/takeaction/183242456
signed @ signature 240

http://www.thepetitionsite.com/takeaction/273884833
I have signed

President Bush – capable of genocide of his own species.