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DPP's stance an act of war says Mundine

By Andrew Fraser and Patricia Karvelas

22 December 2006 - Indigenous leader Warren Mundine last night accused Queensland's Director of Public Prosecutions Leanne Clare of declaring "war on Aboriginal people" after she defiantly ruled out any review of her decision not to lay charges over the death in custody of Mulrunji Doomadgee.

Mr Mundine and Palm Island spokesman Brad Foster said Queensland Premier Peter Beattie must introduce legislation to make the justice system more open after Ms Clare yesterday failed to give any reasons for her refusal to call a review.

Her action will not relieve any of the political pressure on the Beattie Government, although Mr Beattie said yesterday the Government would change the way the police force investigated indigenous deaths in custody.

The Queensland Police Service will now treat every indigenous death in custody as a suspicious event, meaning that it will be automatically investigated centrally by the ethical standards branch instead of through a local investigation.

Last week, Ms Clare ruled that Senior Sergeant Chris Hurley would face no charges over Doomadgee's death in a police cell on Palm Island in November 2004.

This was despite a coroner's finding that Sergeant Hurley was responsible for the death.

Yesterday Ms Clare said she was aware of the controversy over her decision not to charge Sergeant Hurley but "it does not change the fact that the evidence does not support a prosecution".

"The firm assessment of my office was that the evidence fell considerably short of that which would be required to put anyone on trial," she said in a statement, ending a week of silence on the issue.

"Prosecuting is not about being popular. It is about acting on the admissible evidence without fear or favour and doing what is considered in good faith to be the right thing."

But Ms Clare again failed to disclose any of the "new evidence" she had considered in coming to her decision.

The Australian reported this week that the initial investigation into Doomadgee's death was handled by police officers who were friends of Sergeant Hurley.

After Doomadgee died in custody, police from Townsville flew out to investigate the matter later that day, and spent the evening socialising with the police they were investigating.

The changes announced yesterday will mean that such events could not be repeated and Mr Beattie described them as a "major change" in the way police operated, even though he did not expect the changes to be "universally applauded by police".

Mr Mundine, the federal Labor president, said last night that Ms Clare had effectively "declared war on Aboriginal people" with her decision to refuse a review.

"Peter Beattie must step in now before race relations in the country completely fall apart," he said.

Ms Clare released her statement late yesterday after receiving a letter from the Attorney-General noting Mr Beattie would "strongly support such a review, if this decision was made".

"If she makes that decision, then I will strongly support her, and if she doesn't, that's her decision," Mr Beattie said earlier yesterday.

But Ms Clare said a review would "pose a fundamental issue" about the independence of the DPP.

"A carefully considered decision was made in this matter," she said. "The proper exercise of the independent statutory function of the DPP should not be overriden by another agency."

In the letter, Mr Beattie urges Ms Clare to meet members of the Doomadgee family to explain her decision. Ms Clare said she "would be happy to meet again" with the family.

Mr Mundine said he had defended Ms Clare in the past, but her decision in this case showed there needed to be a proper appeals process in Queensland.

"She has more power than the High Court - the coroner can make one finding and she can make another, but she doesn't have to explain why." he said. "It's up to Peter Beattie to change the law so the DPP (can) be more open and transparent."

Mr Mundine said the indigenous community would not let the matter rest, and warned there would be a continuing campaign against the decision.

Mr Foster said Ms Clare's decision to meet the Doomadgee family placed enormous pressure on them, as they would become the only people to know the full reasons behind her decision.

In the city centre of Perth yesterday, a small crowd gathered to protest against the Queensland Government's failure to deliver justice to Doomadgee, whose death sparked riots on Palm Island in 2004.

"I felt sick to my stomach when I heard about the decision the Queensland DPP handed down," WA Deaths in Custody Watch Committee chairman Marc Newhouse said.

"Police and prison officers arethere to serve the public, andwhen something like this happens, it creates an issue of concern for all Australians because it shows a serious flaw in our democracy."

Source:The Australian

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