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Ex-judge in Palm death case review helped pick DPP

By Tony Koch

26 December 2006 - The former judge chosen by the Beattie Government to review a decision by the state's top prosecutor not to lay charges in the Palm Island death-in- custody case has become embroiled in a conflict-of-interest dispute after it emerged he voted to appoint Leanne Clare as Director of Public Prosecutions.

Pat Shanahan, a retired chief judge of the Queensland District Court, and Brisbane barrister Peter Davis were commissioned last week to review Ms Clare's controversial decision not to prosecute Senior Sergeant Chris Hurley over the November 2004 death of Mulrunji Doomadgee on Palm Island.

But Mr Shanahan, 76, was a member of the three-person panel that unanimously recommended Ms Clare's appointment as DPP in 2000 .

Aboriginal leaders and the Doomadgee family yesterday described Mr Shanahan's involvement in the Palm Island case as a conflict of interest.

"It is absolutely unacceptable to have Pat Shanahan doing this review," Aboriginal leader Noel Pearson said.

"I can't believe this Government has not seen the need - as Premier (Peter) Beattie said to Palm Islanders last week - for justice to be done and to appear to be done.

"I am a firm believer that Leanne Clare is at the centre of this travesty," he said, "and to put somebody in charge of the review who was involved in her appointment in the first place casts yet another cloud over the way this matter has been handled all along the way."

The Doomadgee family's solicitor, Frederic Cassis, said Mr Shanahan's appointment was an obvious conflict of interest and was "yet another example of how Queensland has dealt quite inappropriately and, frankly, disgracefully, with this case".

"The family of Mulrunji has called for this review to be done by an independent person outside Queensland so it can be done in a meaningful, thorough way by a person of the calibre of a former High Court judge," Mr
Cassis said yesterday. "The family feels this review cannot possibly be independent."

After a week of highly charged political debate, Attorney-General Kerry Shine announced on Friday that Ms Clare had given him the Palm Island file and he had ordered an independent review to be commissioned by the Crown Solicitor, Conrad Lohe, who in turn commissioned Mr Shanahan and Mr Davis.

Mr Shine yesterday rejected assertions of any conflict of interest, and said Mr Shanahan was expected to complete the review by February.

A spokesman for Mr Beattie said the Premier had spoken to Mr Shine about the conflict allegation, and agreed Mr Shanahan should conduct the review.

Mr Shanahan could not be contacted for comment.

On November 19, 2004, Sergeant Hurley arrested Doomadgee, 36, on Palm Island, for swearing, and less than an hour later he was dead in the police cell, after suffering four broken ribs and a liver split in two.

A coronial inquest found that Sergeant Hurley was responsible for the death of Doomadgee, and as the Queensland Coroner does not have the power to press charges, the file was passed to the office of the DPP.

Ms Clare subsequently announced that in her opinion, there was insufficient evidence to convict Sergeant Hurley on any charge so he would not be prosecuted. She added that she had obtained other evidence, yet to be revealed, and in her opinion, Doomadgee died from a "tragic accident".

Ms Clare said the "firm assessment" of her office was that the evidence fell"considerably short of that which would be required to put anybody on trial, and therefore no one in my office could prosecute this case regardless of any position adopted by an external review".

In a letter to The Australian yesterday, barrister Matt Foley, who as the attorney-general in 1999 appointed Ms Clare as DPP, said her appointment was unanimous and was made on merit, not social equity grounds.

Source:The Australian

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