I fell next to Doomadgee: Hurley

March 12th, 2010 :: The Australian

THE policeman who arrested Aboriginal cell death victim Mulrunji Doomadgee yesterday told a coronial inquiry he could not explain how the Palm Islander suffered his fatal injuries.

Senior Sergeant Chris Hurley told Coroner Brian Hine that he had a “tussle” with Doomadgee at the north Queensland island’s lockup on November 19, 2004.

Sergeant Hurley insisted that they tripped near a doorway leading into the watchhouse and that he fell “beside” Doomadgee.

But he said he accepted medical evidence that Doomadgee’s massive injuries were consistent with his tall and heavy frame falling on the slightly built Doomadgee.

While he still believed they had hit the concrete floor side by side, Sergeant Hurley said: “I have since said that is obviously not the case (and) some part of my person has touched Mr Doomadgee.”

Sergeant Hurley said he could not explain exactly how Doomadgee had been so seriously injured.

Asked by counsel assisting the coroner, Ralph Devlin SC, to detail what happened after they scuffled and fell, Sergeant Hurley said: “I tried to pick up Mulrunji off the floor of the police station by his shirt, which was making a ripping noise at the time. I was telling him to get up and not start again.”

The policeman was giving evidence to a reconvened inquest into the death of the 36-year-old Aborigine, who received fatal internal injuries, including a ruptured liver, and died within an hour.

Sergeant Hurley was acquitted of Doomadgee’s manslaughter at a 2007 trial, and applied successfully to quash an earlier inquest finding blaming him for the death.

He agreed yesterday that Doomadgee had not moved after the fall at the watchhouse.

Sergeant Hurley said he and another police officer, Sergeant Michael Leafe, each took hold of one of the prone Aborigine’s wrists and dragged him into a nearby cell.

Mr Devlin asked why Sergeant Hurley had not noticed Doomadgee on the video surveillance “writhing in apparent pain and calling out”, after he was left in the cell. Sergeant Hurley said he had not heard the cries.

Asked why he changed his version of events from that he gave later on the day Doomadgee was discovered dead in the cell, Sergeant Hurley said he had had the opportunity to remember more detail.

In evidence yesterday, Sergeant Leafe said he was a friend of Sergeant Hurley but he had not seen anything happen to Doomadgee as he had been opening the cell door at the time.

Peter Davis, for the Queensland Attorney-General, accused Sergeant Leafe of trying to “sabotage” the prosecution case against Sergeant Hurley at the manslaughter trial by not divulging evidence to the crown he provided to the policeman’s defence team. The evidence was that he had estimated it took 10 seconds for him to open the cell door and return to find Hurley standing over Doomadgee. But at the request of defence barrister Robert Mulholland QC, he checked the time in a private test and brought his estimate back to “six or seven seconds”.

Sergeant Leafe denied the proposition.

Evidence was also given by Sergeant Peter Amiguet, who relieved as officer in charge at Palm Island in 2002, that there was not a mirror on the day room wall where it was alleged by another witness, Roy Bramwell, to be, and which he said enabled him to see Sergeant Hurley punching Doomadgee just before he died.

Hurley offers ’sympathy’ to Doomadgee family

March 12th, 2010 :: ABC

The policeman acquitted of a 2004 death-in-custody on Palm Island in north Queensland has, for the first time, offered his sympathy to the victim’s family.

Senior Sergeant Chris Hurley has been giving evidence at the latest inquest into the death of Cameron Doomadgee.

The 36-year-old Palm Island man died from internal injuries suffered during his arrest for allegedly being drunk and a public nuisance.

Sergeant Hurley told the hearing today that he offered his “sincere sympathy” to Mr Doomadgee’s partner and family.

He said he was “sorry for the angst they’ve had to suffer” in recent years.

But under questioning from the Doomadgee family’s barrister, Sergeant Hurley said he “didn’t regret his actions on the day” and that he had arrested people for the “same type of offence” since then.

Income management harms health: Doctors

March 12th, 2010 :: ABC

The Australian Indigenous Doctors’ Association has called for a halt to compulsory welfare quarantining for Indigenous people in the Northern Territory.

The Association has released a health impact assessment report of the Northern Territory Emergency Response.

The report says the short-term physical health benefits of restricting half of a welfare recipient’s income to food and other essentials will be cancelled out by the psychological consequences of the policy.

The Association says the shame and stigma attached to the program will have significant effects on the mental health of recipients and their children that will have serious, harmful impacts on physical health later in life.

It recommends compulsory income management be used only where there is clear evidence of abuse and neglect or a lack of school attendance.

40yr leases a human rights issue: Yanner

March 12th, 2010 :: ABC

A Queensland Gulf of Carpentaria leader says the State Government’s 40 year leases to build Indigenous houses are a human rights issue.

The Federal Government has allocated $1.1 billion to provide new dwellings and upgrades in remote Indigenous communities with the State Government administering the land leases.

The Carpentaria Land Council’s Murrandoo Yanner says the leases will mean residents will be forced to buy a home instead of living communally.

He says a meeting in Doomadgee tonight will discuss ways to fight the legislation.

“Such is the animosity and such is the resistance to this that dozens of extra police have been flown into Doomadgee to protect the Government people who are there to deprive the people their rights,” Mr Yanner said.

Police have dismissed the claims that extra officers have been flown in for the meeting.

They say only four extra officers are in town and it is only for the opening of a child safety house.

They are expected to leave this afternoon when the Government officials fly out.

The Central Land Council (CLC) says the Northern Territory shires system has disenfranchised Aboriginal people living in communities.

March 12th, 2010 :: ABC

The Aboriginal and Torres Strait Islander Social Justice Commissioner says he will look at whether the Queensland Government’s Wild Rivers legislation has violated Indigenous people’s human rights.

Mick Gooda has been meeting Indigenous groups this week in Cairns, Yarrabah and the Torres Strait, in the far north, as part of a national tour.

He says another issue that has been raised is the Commonwealth’s requirement for the states and territories to take out 40 year leases on land in Indigenous communities before new housing is built.

Mr Gooda says Indigenous people want more say on what happens in their communities.

“There’s a terrific gulf between what’s being intended, what’s being said and what’s being perceived out in the community,” Mr Gooda said.

“An underlying thing I’m hearing is a lack of communication and lack of proper engagement.”

Land council wants shires alternative

March 12th, 2010 :: ABC

The Central Land Council (CLC) says the Northern Territory shires system has disenfranchised Aboriginal people living in communities.

The council says the shires system that began operating in 2008 provides basic services but does not have the same function as the previous community councils.

The community of Santa Teresa, outside Alice Springs, is making moves to form a corporation so residents are better represented.

CLC director David Ross says an incorporated body is a way for Aboriginal people to have a greater say about their future.

“I think it’s important that Aboriginal people right through central Australia and the Northern Territory look at forming some sort of body that can represent them and their interests and make decisions on behalf of the people, not on behalf of the shire and what the shire needs to do,” he said.

Police officer grilled for second day

March 12th, 2010 :: ABC

The police officer at the centre of a death in custody at Palm Island in north Queensland has denied applying force to the prisoner during a scuffle.

Cameron Doomadgee died from massive internal injuries in the Palm Island police watch house in 2004 and an inquest has reopened into the death.

Senior Sergeant Chris Hurley was acquitted of manslaughter in 2007.

He started giving evidence in Townsville yesterday with the focus on a fall involving him and Mr Doomadgee at the entrance of the police station.

On a second day of questioning, Sergeant Hurley said he was friends with Detective Sergeant Darren Robinson who originally investigated Mr Doomadgee’s death.

He said he did not think it was inappropriate that his work friend was involved in the investigation.

Sergeant Hurley also expressed regret at having completed a re-enactment of the events that lead up to Mr Doomadgee’s death.

He also denied applying force to Mr Doomadgee during a scuffle or fall at the Palm Island police station.

Yesterday he told the inquest that Mr Doomadgee punched him in the face when he tried to escort him from the police vehicle to the station, and they had scuffled.

He denied that he was angry.

Inquest told of Palm Island ’scuffle’

March 12th, 2010 :: ABC

The coronial inquest into the death in custody of a Palm Island man will continue hearing evidence today from the police officer acquitted of his manslaughter.

Cameron Doomadgee died from massive internal injuries in the Palm Island police watch house in 2004.

Senior Sergeant Chris Hurley was acquitted of manslaughter in 2007.

He started giving evidence in Townsville yesterday with the focus on a fall involving him and Mr Doomadgee at the entrance of the police station.

Sergeant Hurley said he was not sure what caused the incident but he did not think that he landed on Mr Doomadgee and denied striking or speaking to him in an abusive way.

He told the reopened inquest that Mr Doomadgee punched him in the face when he tried to escort him from the police vehicle to the station, and they had scuffled.

He denied that he was angry with Mr Doomadgee and told the hearing that he could not hear the prisoner call out from his cell - and that if he did he would have gone to him

Sergeant Hurley is expected to continue giving evidence until this afternoon.

Death in custody ‘not linked to racism’

March 12th, 2010 :: ABC

Queensland’s Corrective Services commissioner has rejected allegations that hatred of Indigenous Australians is to blame for the death in custody of an Aboriginal teenager.

Sheldon Currie, 18, was on remand at a maximum security prison on misdemeanour charges last month when he became ill and later died in hospital.

It is alleged that the boy was repeatedly denied medical help before being found unconscious in his cell.

There has been an emotional protest in Brisbane over the death, with more than 100 rallying outside Queensland Parliament.

The teenager’s mother broke down at the protest, later meeting with Queensland’s Prisons Minister to appeal for answers.

As supporters gathered behind her, Donna Smith, as she wants to be known, held a photo of her son in her shaking hands - one of her eight children.

“He was only 18. We just want some answers - why he was left suffering for 10 days without help in the prison,” she said.

“He was only a boy, only a baby.”

Ms Smith blames negligence, not racism for her son’s death.

Others disagree, including the prison chaplain Reverend Alex Gator.

She aired allegations on AM this morning, saying fellow inmates had to carry the sick teenager. She also alleged an officer said if he could go to the toilet, then there was nothing wrong with him.

“He wasn’t a terrorist, a paedophile, rapist or a murderer. He was in there for a misdemeanour and it’s - as far as I’m concerned - racial discrimination towards Aboriginal people,” she said.

“They’re deliberately turned away and told there’s nothing wrong with them. Corrective Services have failed in their duty of care to provide a service to this young man.”

Ms Smith also alleges she was treated badly at the hospital when she visited her son.

“I was sleeping on the floor in the hospital and then I was sent away from his bed the night before I lost him,” she said.

She says prison guards asked her to leave the bedside.

 

Investigation promised

 

The State Government has promised an investigation, but the Corrective Services Department has already said that the young man was given the appropriate medical attention.

“All deaths in custody of course are tragic. This is particularly so given that this was a young man of only 18 years of age,” the department’s director-general, Kelvin Anderson, said.

“We responded appropriately to this man’s health needs and we were very responsive to the needs of the family after this tragic event.

“So I wouldn’t say that you could level the criticism that this is an example of racist kind of behaviour.”

Mr Anderson says he has requested a record of how many times the teenager went to the medical centre. He says he was not turned away.

“The chief inspector will prepare their report, that will be given to the coroner and then the coroner will list the matter in due course,” he said.

“This really will all come together at that coronial hearing.”

And he is standing by his department’s statement that there were no suspicious circumstances surrounding the death.

“On everything that I’ve seen to date we stand by that statement,” he said.

Aboriginal people asked about language

March 11th, 2010 :: ABC

The State Government has launched a review of the language it uses when referring to Aboriginal people.

The Minister for Indigenous Affairs Kim Hames has asked the Aboriginal Advisory Board to make recommendations on the most appropriate collective term to use.

Dozens of Aboriginal organisations have been asked to give feedback by the end of April.

Kimberley MP Carol Martin says language does matter.

“I don’t really like being called Indigenous because it really makes me feel like a plant or an animal species.”

“That’s just me personally. Most Aboriginal people will have their own opinion and I guess we really do need to pick something.”

Ms Martin says it is an interesting question but perhaps not a priority for many Aboriginal people.

“I think with a lot of Aboriginal people, people such as myself, you look at me and you know I’m Aboriginal ok? Simple as that. I’m quite happy to be called Aboriginal because that’s what I am.”

“Not an Aborigine because I think that’s subjective. Aboriginal person, yep love it. But some people are a bit more sensitive about it and most Aboriginal people will have their own opinions about it. I don’t know, do we really need to spend more time on it?”