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Updates On Palm Island
http://www.theaustralian.news.com.au/
Police threaten strikes over Palm Island death charges
Friday, January 26, 2007-01-26
QUEENSLAND police are threatening mass strikes over the state government's pursuit of manslaughter charges against the officer at the centre of the Palm Island death in custody case.
Attorney-General Kerry Shine today said he had instructed the crown solicitor to initiate charges against Senior Sergeant Chris Hurley, after a report found there was enough evidence to prove he was responsible for the death of Mulrunji Doomadgee in November 2004.
Former NSW chief justice Sir Laurence Street, who was appointed by the government to review a decision not to charge the policeman, found there was enough evidence to charge him with manslaughter - and to possibly warrant a conviction.
His findings were in direct contrast with those of Director of Public Prosecutions (DPP) Leanne Clare who found Mulrunji's death in the island's watch house was “a terrible accident”�”�.
Her ruling came despite a coroner finding Snr Sgt Hurley was responsible for 36-year-old Mulrunji's death.
“Sir Laurence has advised me that he believes sufficient admissible evidence exists to support the institution of criminal proceedings against Senior Sergeant Chris Hurley for manslaughter of Mulrunji,”�”� Mr Shine said.
“Furthermore, Sir Laurence believes there is a reasonable prospect of a conviction.”�”�
Aborigines who marched on Queensland's Parliament House today as part of Australia Day protests erupted in cheers on hearing the news, describing it as a “landmark”�”� decision.
However, the Queensland Police Union (QPU) said officers were “furious”�”� and warned the state's 9,200-strong force could strike.
“Police right across the state are incensed at this political interference and over the next few days we'll consult with them about what actions they will like to take,”�”� QPU vice president Denis Fitzpatrick said.
“At this stage we'll rule nothing out. It's not just noisy minority groups who can march on to parliament.”�”�
Mr Fitzpatrick said Snr Sgt Hurley, who has been suspended until after the matter goes through court, was “absolutely shocked”�”� and would vigorously defend the charges.
Premier Peter Beattie today urged all parties to accept the outcome but continued to stand by the controversial DPP amid concerns about her competence.
Ms Clare has previously come under fire for other high profile decisions, including one concerning Pauline Hanson, whose conviction on electoral fraud was overturned.
“There is no reason ... for (Ms Clare) to take a decision relating to her future,”�”� Mr Beattie said.
A spokesman for Ms Clare said the DPP would not comment.
Sir Laurence, who spent about three weeks reviewing the decision, also refused to comment on how he came to his decision, saying only he addressed the case “quickly in view of its importance”�”�.
The Mulrunji family lawyer Andrew Boe described the report and the government's reaction as a “landmark”�”� decision.
“This is the first time that a criminal charge has followed a death in custody in Australia's history,”�”� he said.
“For the Palm Island community, which is beleaguered with so much disharmony and distress, this is really their first ray of hope that the course of justice will actually flow when it involves indigenous issues.”�”�
Mr Shine said for legal reasons, the government would not table Sir Laurence's report in state parliament until after the matter goes to court.
“We will do so as soon as it is legally appropriate, but it is likely this will not be until after the court case to ensure the fairness of the prosecution is not compromised,”�”� he said.
However, opposition justice spokesman Mark McArdle said Ms Clare should be allowed to review her report in light of Sir Laurence's findings.
“Ms Clare is the appropriate person to lay charges in criminal matters in Queensland,”�”� he said.
http://statements.cabinet.qld.gov.au/MMS/StatementDisplaySingle.aspx?id=50039
Attorney-General and Minister for Justice and Minister Assisting the Premier in Western Queensland
the Honorable Kerry Shine
Friday, January 26, 2007
POLICE OFFICER TO FACE LEGAL ACTION IN RELATION TO PALM ISLAND DEATH
Attorney-General and Minister for Justice Kerry Shine, today confirmed he had received Sir Laurence Street’s legal opinion in relation to possible charges resulting from the death of Mulrunji on Palm Island in 2004.
Mr. Shine said Sir Laurence, a former New South Wales Chief Justice, had considered the brief of evidence provided by the Director of Public Prosecution Leanne Clare.
Sir Laurence was asked to consider (1) whether sufficient admissible evidence exists to support the institution of criminal proceedings against any person with respect to the death of Mulrunji; and (2) whether a reasonable prospect of a conviction before a reasonable jury exists in the event a prosecution is brought against any person.
“Sir Laurence has advised me that he believes there is sufficient admissible evidence exists to support the institution of criminal proceedings against Senior Sergeant Chris Hurley for manslaughter of Mulrunji,”�”� Mr. Shine said.
“Furthermore, Sir Laurence believes there is a reasonable prospect of a conviction.”�”�
Mr. Shine said Sir Laurence had emphasized that his role was not to determine whether Senior Sergeant Hurley was guilty of an offence, but rather to determine whether he should be put on trial.
“In light of Sir Laurence’s opinion, and having given very careful consideration to the matter myself, I have decided it is in the public interest that this matter should be resolved in a court,”�”� he said.
“I have today instructed the Crown Solicitor to take the necessary steps to initiate a prosecution as soon as possible.”�”�
“I ask that, given the pending legal proceedings, the media show restraint in their reporting of this matter so that Senior Sergeant Hurley can be assured of a fair trial.”�”�
Mr. Shine said the fact that Sir Laurence had formed a different opinion to that of Ms Clare was in no way a slight on her.
“The best legal minds often differ on matters of law – even in the High Court of Australia it is common for differing judgments to be recorded,”�”� he said.
“In my view, Ms Clare has acted within the scope of her duty and her authority.”�”�
Mr. Shine said the Government’s intention remained to table Sir Laurence’s opinion in State Parliament.
“We will do so as soon as it is legally appropriate, but it is likely this will not be until after the court case to ensure the fairness of the prosecution is not compromised,”�”� Mr. Shine said.
Sergeant suspended pending charges
http://www.theaustralian.news.com.au/printpage/0,5942,21121976,00.html
January 26, 2007
THE policeman at the centre of the Palm Island death in custody case will be suspended from his job as the Queensland government pursues manslaughter charges against him.
Attorney-General Kerry Shine today said he would pursue charges against Senior Sergeant Chris Hurley over Mulrunji Doomadgee's death in the island's watch house in November 2004.
It came after a report by former NSW chief justice Sir Laurence Street found there was enough evidence to charge the officer with manslaughter - and to warrant a conviction.
Queensland's Director of Public Prosecutions Leanne Clare last year ruled there was not enough evidence to warrant any charges.
Police Commissioner Bob Atkinson said Snr Sgt Hurley, who was put on desk duties after a coroner found he was responsible for landing the fatal blows which caused Mulrunji's death, would now be suspended.
“As a result of today's advice by Sir Laurence Street and the attorney-general's decision to proceed with legal action, Senior Sergeant Chris Hurley will be suspended from further duties until the matter is resolved through the judicial process,”�”� he said in a statement.
“Given this status it would not be appropriate to comment further about the case at this
http://www.theaustralian.news.com.au/printpage/0,5942,21122667,00.html
'Doomadgee sister 'hopes for justice'
January 26, 2007-01-26
THE sister of Mulrunji Doomadgee, who died in police custody on Palm Island, says a decision to charge a policeman over his death gives her hope that justice will be served.
Queensland's Attorney-General Kerry Shine today said he would pursue manslaughter charges against Senior Sergeant Chris Hurley over Mulrunji's death in the island's watch house in November 2004.
A report by former NSW chief justice Sir Laurence Street, released earlier today, found there was enough evidence to charge the officer with manslaughter – and to warrant a conviction.
Queensland's Director of Public Prosecutions Leanne Clare last year ruled there was not enough evidence to warrant any charges, despite a coroner's finding that the policeman was responsible for Mulrunji's death.
Mulrunji's sister Elizabeth today said the family was “satisfied and relieved”�”� at the developments.
“The tables have turned and at last we have hope and can start to move on, and on Survival Day (Australia Day) too,”�”� Ms Doomadgee said.
“I pray that we will have justice for the death of my brother and that this case will provide our peoples with hope as it's the first time in Australia someone will be charged for the death of a black man while in police custody.”�”�
The family's legal representative Stewart Levitt, from the Errol Wyles Justice Foundation, said while it was a positive result for the Doomadgee family, Ms Clare should be held accountable for her ruling that Mulrunji's death was a “terrible accident”�”�.
“The foundation has called for the Queensland Director of Public Prosecutions Leanne Clare to be suspended from her role and for an investigation to be made into the `new evidence' and `new lines of enquiry' she relied on for her decision,”�”� he said.
State Member for Townsville Mike Reynolds, who last month broke ranks with his own party when he criticised the Government's handling of the case, said this was one of the most important days in Australia's history when it came to indigenous justice.
He said there should now be an investigation into the initial police probe into Mulrunji's death, which the coroner found had lacked objectivity and independence.
“I see the investigation as an absolute sham, one that I feel ashamed of,”�”� he said.
“And I see it not being in any way shape or form in accordance with the recommendations of the royal commission into Aboriginal deaths in custody, which came down in 1991.”�”�
Federal Indigenous Affairs Minister Mal Brough, who urged the State Government to seek a review into Ms Clare's decision, also welcomed the developments but said the time for public debate was over.
Australian Democrats Leader Bob Brown, who was on Palm Island to address a “survival”�”� rally, said the decision would “return a sense of justice”�”� for all Australians.
“This nation could have no pride in the system which laid no charges over an indigenous death in police custody,”�”� he said.
http://www.theaustralian.news.com.au/printpage/0,5942,21122667,00.html
Police 'furious' over Palm Island review
January 26, 2007
POLICE in Queensland are "furious" over a decision to pursue charges against a fellow officer over a death in custody and have threatened strikes by the entire police force.
Attorney-General Kerry Shine today said he had instructed the crown solicitor to initiate charges against Senior Sergeant Chris Hurley, after a review found there was enough evidence to prove he was responsible for the death of Mulrunji Doomadgee in November 2004.
Former NSW chief justice Sir Laurence Street, who was appointed by the government to review a decision not to charge the policeman, found there was enough evidence to charge him with manslaughter - and to possibly secure a conviction.
His findings were in direct contrast with those of Director of Public Prosecutions (DPP) Leanne Clare who found Mulrunji's death in the island's watch house was "a terrible accident".
Her ruling came despite a coroner's finding that Sen-Sgt Hurley was responsible for 36-year-old Mulrunji's death.
The Queensland Police Union (QPU) said today that officers were furious and warned the state's 9200-strong force could strike.
"Police right across the state are incensed at this political interference and over the next few days we'll consult with them about what actions they will like to take," QPU vice president Denis Fitzpatrick said.
"At this stage we'll rule nothing out. It's not just noisy minority groups who can march on to parliament."
Mr. Fitzpatrick said Sen-Sgt Hurley, who will be suspended throughout the judicial process, was "absolutely shocked" and would vigorously defend the charges.
Premier Peter Beattie today urged all parties to accept the outcome but continued to stand by the controversial DPP amid concerns about her competence.
Ms Clare has previously come under fire for other high-profile decisions.
"There is no reason ... for (Ms Clare) to take a decision relating to her future," Mr. Beattie said.
A spokesman for Ms Clare said the DPP would not comment.
Opposition justice spokesman Mark McArdle said Ms Clare should be allowed to review her report in light of Sir Laurence's findings.
"Ms Clare is the appropriate person to lay charges in criminal matters in Queensland," he said.
http://www.theaustralian.news.com.au/
Police threaten strikes over Palm Island death charges
Friday, January 26, 2007-01-26
QUEENSLAND police are threatening mass strikes over the state government's pursuit of manslaughter charges against the officer at the centre of the Palm Island death in custody case.
Attorney-General Kerry Shine today said he had instructed the crown solicitor to initiate charges against Senior Sergeant Chris Hurley, after a report found there was enough evidence to prove he was responsible for the death of Mulrunji Doomadgee in November 2004.
Former NSW chief justice Sir Laurence Street, who was appointed by the government to review a decision not to charge the policeman, found there was enough evidence to charge him with manslaughter - and to possibly warrant a conviction.
His findings were in direct contrast with those of Director of Public Prosecutions (DPP) Leanne Clare who found Mulrunji's death in the island's watch house was “a terrible accident”�”�.
Her ruling came despite a coroner finding Snr Sgt Hurley was responsible for 36-year-old Mulrunji's death.
“Sir Laurence has advised me that he believes sufficient admissible evidence exists to support the institution of criminal proceedings against Senior Sergeant Chris Hurley for manslaughter of Mulrunji,”�”� Mr Shine said.
“Furthermore, Sir Laurence believes there is a reasonable prospect of a conviction.”�”�
Aborigines who marched on Queensland's Parliament House today as part of Australia Day protests erupted in cheers on hearing the news, describing it as a “landmark”�”� decision.
However, the Queensland Police Union (QPU) said officers were “furious”�”� and warned the state's 9,200-strong force could strike.
“Police right across the state are incensed at this political interference and over the next few days we'll consult with them about what actions they will like to take,”�”� QPU vice president Denis Fitzpatrick said.
“At this stage we'll rule nothing out. It's not just noisy minority groups who can march on to parliament.”�”�
Mr Fitzpatrick said Snr Sgt Hurley, who has been suspended until after the matter goes through court, was “absolutely shocked”�”� and would vigorously defend the charges.
Premier Peter Beattie today urged all parties to accept the outcome but continued to stand by the controversial DPP amid concerns about her competence.
Ms Clare has previously come under fire for other high profile decisions, including one concerning Pauline Hanson, whose conviction on electoral fraud was overturned.
“There is no reason ... for (Ms Clare) to take a decision relating to her future,”�”� Mr Beattie said.
A spokesman for Ms Clare said the DPP would not comment.
Sir Laurence, who spent about three weeks reviewing the decision, also refused to comment on how he came to his decision, saying only he addressed the case “quickly in view of its importance”�”�.
The Mulrunji family lawyer Andrew Boe described the report and the government's reaction as a “landmark”�”� decision.
“This is the first time that a criminal charge has followed a death in custody in Australia's history,”�”� he said.
“For the Palm Island community, which is beleaguered with so much disharmony and distress, this is really their first ray of hope that the course of justice will actually flow when it involves indigenous issues.”�”�
Mr Shine said for legal reasons, the government would not table Sir Laurence's report in state parliament until after the matter goes to court.
“We will do so as soon as it is legally appropriate, but it is likely this will not be until after the court case to ensure the fairness of the prosecution is not compromised,”�”� he said.
However, opposition justice spokesman Mark McArdle said Ms Clare should be allowed to review her report in light of Sir Laurence's findings.
“Ms Clare is the appropriate person to lay charges in criminal matters in Queensland,”�”� he said.
http://statements.cabinet.qld.gov.au/MMS/StatementDisplaySingle.aspx?id=50039
Attorney-General and Minister for Justice and Minister Assisting the Premier in Western Queensland
the Honorable Kerry Shine
Friday, January 26, 2007
POLICE OFFICER TO FACE LEGAL ACTION IN RELATION TO PALM ISLAND DEATH
Attorney-General and Minister for Justice Kerry Shine, today confirmed he had received Sir Laurence Street’s legal opinion in relation to possible charges resulting from the death of Mulrunji on Palm Island in 2004.
Mr. Shine said Sir Laurence, a former New South Wales Chief Justice, had considered the brief of evidence provided by the Director of Public Prosecution Leanne Clare.
Sir Laurence was asked to consider (1) whether sufficient admissible evidence exists to support the institution of criminal proceedings against any person with respect to the death of Mulrunji; and (2) whether a reasonable prospect of a conviction before a reasonable jury exists in the event a prosecution is brought against any person.
“Sir Laurence has advised me that he believes there is sufficient admissible evidence exists to support the institution of criminal proceedings against Senior Sergeant Chris Hurley for manslaughter of Mulrunji,”�”� Mr. Shine said.
“Furthermore, Sir Laurence believes there is a reasonable prospect of a conviction.”�”�
Mr. Shine said Sir Laurence had emphasized that his role was not to determine whether Senior Sergeant Hurley was guilty of an offence, but rather to determine whether he should be put on trial.
“In light of Sir Laurence’s opinion, and having given very careful consideration to the matter myself, I have decided it is in the public interest that this matter should be resolved in a court,”�”� he said.
“I have today instructed the Crown Solicitor to take the necessary steps to initiate a prosecution as soon as possible.”�”�
“I ask that, given the pending legal proceedings, the media show restraint in their reporting of this matter so that Senior Sergeant Hurley can be assured of a fair trial.”�”�
Mr. Shine said the fact that Sir Laurence had formed a different opinion to that of Ms Clare was in no way a slight on her.
“The best legal minds often differ on matters of law – even in the High Court of Australia it is common for differing judgments to be recorded,”�”� he said.
“In my view, Ms Clare has acted within the scope of her duty and her authority.”�”�
Mr. Shine said the Government’s intention remained to table Sir Laurence’s opinion in State Parliament.
“We will do so as soon as it is legally appropriate, but it is likely this will not be until after the court case to ensure the fairness of the prosecution is not compromised,”�”� Mr. Shine said.
Sergeant suspended pending charges
http://www.theaustralian.news.com.au/printpage/0,5942,21121976,00.html
January 26, 2007
THE policeman at the centre of the Palm Island death in custody case will be suspended from his job as the Queensland government pursues manslaughter charges against him.
Attorney-General Kerry Shine today said he would pursue charges against Senior Sergeant Chris Hurley over Mulrunji Doomadgee's death in the island's watch house in November 2004.
It came after a report by former NSW chief justice Sir Laurence Street found there was enough evidence to charge the officer with manslaughter - and to warrant a conviction.
Queensland's Director of Public Prosecutions Leanne Clare last year ruled there was not enough evidence to warrant any charges.
Police Commissioner Bob Atkinson said Snr Sgt Hurley, who was put on desk duties after a coroner found he was responsible for landing the fatal blows which caused Mulrunji's death, would now be suspended.
“As a result of today's advice by Sir Laurence Street and the attorney-general's decision to proceed with legal action, Senior Sergeant Chris Hurley will be suspended from further duties until the matter is resolved through the judicial process,”�”� he said in a statement.
“Given this status it would not be appropriate to comment further about the case at this
http://www.theaustralian.news.com.au/printpage/0,5942,21122667,00.html
'Doomadgee sister 'hopes for justice'
January 26, 2007-01-26
THE sister of Mulrunji Doomadgee, who died in police custody on Palm Island, says a decision to charge a policeman over his death gives her hope that justice will be served.
Queensland's Attorney-General Kerry Shine today said he would pursue manslaughter charges against Senior Sergeant Chris Hurley over Mulrunji's death in the island's watch house in November 2004.
A report by former NSW chief justice Sir Laurence Street, released earlier today, found there was enough evidence to charge the officer with manslaughter – and to warrant a conviction.
Queensland's Director of Public Prosecutions Leanne Clare last year ruled there was not enough evidence to warrant any charges, despite a coroner's finding that the policeman was responsible for Mulrunji's death.
Mulrunji's sister Elizabeth today said the family was “satisfied and relieved”�”� at the developments.
“The tables have turned and at last we have hope and can start to move on, and on Survival Day (Australia Day) too,”�”� Ms Doomadgee said.
“I pray that we will have justice for the death of my brother and that this case will provide our peoples with hope as it's the first time in Australia someone will be charged for the death of a black man while in police custody.”�”�
The family's legal representative Stewart Levitt, from the Errol Wyles Justice Foundation, said while it was a positive result for the Doomadgee family, Ms Clare should be held accountable for her ruling that Mulrunji's death was a “terrible accident”�”�.
“The foundation has called for the Queensland Director of Public Prosecutions Leanne Clare to be suspended from her role and for an investigation to be made into the `new evidence' and `new lines of enquiry' she relied on for her decision,”�”� he said.
State Member for Townsville Mike Reynolds, who last month broke ranks with his own party when he criticised the Government's handling of the case, said this was one of the most important days in Australia's history when it came to indigenous justice.
He said there should now be an investigation into the initial police probe into Mulrunji's death, which the coroner found had lacked objectivity and independence.
“I see the investigation as an absolute sham, one that I feel ashamed of,”�”� he said.
“And I see it not being in any way shape or form in accordance with the recommendations of the royal commission into Aboriginal deaths in custody, which came down in 1991.”�”�
Federal Indigenous Affairs Minister Mal Brough, who urged the State Government to seek a review into Ms Clare's decision, also welcomed the developments but said the time for public debate was over.
Australian Democrats Leader Bob Brown, who was on Palm Island to address a “survival”�”� rally, said the decision would “return a sense of justice”�”� for all Australians.
“This nation could have no pride in the system which laid no charges over an indigenous death in police custody,”�”� he said.
http://www.theaustralian.news.com.au/printpage/0,5942,21122667,00.html
Police 'furious' over Palm Island review
January 26, 2007
POLICE in Queensland are "furious" over a decision to pursue charges against a fellow officer over a death in custody and have threatened strikes by the entire police force.
Attorney-General Kerry Shine today said he had instructed the crown solicitor to initiate charges against Senior Sergeant Chris Hurley, after a review found there was enough evidence to prove he was responsible for the death of Mulrunji Doomadgee in November 2004.
Former NSW chief justice Sir Laurence Street, who was appointed by the government to review a decision not to charge the policeman, found there was enough evidence to charge him with manslaughter - and to possibly secure a conviction.
His findings were in direct contrast with those of Director of Public Prosecutions (DPP) Leanne Clare who found Mulrunji's death in the island's watch house was "a terrible accident".
Her ruling came despite a coroner's finding that Sen-Sgt Hurley was responsible for 36-year-old Mulrunji's death.
The Queensland Police Union (QPU) said today that officers were furious and warned the state's 9200-strong force could strike.
"Police right across the state are incensed at this political interference and over the next few days we'll consult with them about what actions they will like to take," QPU vice president Denis Fitzpatrick said.
"At this stage we'll rule nothing out. It's not just noisy minority groups who can march on to parliament."
Mr. Fitzpatrick said Sen-Sgt Hurley, who will be suspended throughout the judicial process, was "absolutely shocked" and would vigorously defend the charges.
Premier Peter Beattie today urged all parties to accept the outcome but continued to stand by the controversial DPP amid concerns about her competence.
Ms Clare has previously come under fire for other high-profile decisions.
"There is no reason ... for (Ms Clare) to take a decision relating to her future," Mr. Beattie said.
A spokesman for Ms Clare said the DPP would not comment.
Opposition justice spokesman Mark McArdle said Ms Clare should be allowed to review her report in light of Sir Laurence's findings.
"Ms Clare is the appropriate person to lay charges in criminal matters in Queensland," he said.