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Hurley not to face criminal charges

Media Statement

Office of the Director of Public Prosecutions

14 December 2006 - Senior Sergeant Christopher Hurley would not face any criminal charges over the death of Cameron Doomadgee on Palm Island, Queensland Director of Public Prosecutions Leanne Clare, SC, announced in Townsville today.

Mrs Clare said the evidence was not capable of proving Senior Sergeant Hurley was criminally responsible
for Mr Doomadgee’s death.

“I have carefully reviewed all of the evidence available to me. I have pursued further lines of inquiry and
received additional evidence,” Mrs Clare said.

“Witnesses have given a number of different versions about what happened that morning and some of those
accounts have changed over time. But, of course, what cannot change is the nature of the fatal injury and
the forces causing it.”

Mr Doomadgee died from internal injuries caused by a crushing force to the front of his abdomen.

“The evidence suggests that in this case, this could only be the result of a complicated fall. It seems clear
that Mr Doomadgee and Senior Sergeant Hurley fell together through the open door of the police station,”
Mrs Clare said.

“There were two autopsies. From them we know that neither kicks nor punches are likely to have caused Mr
Doomadgee’s death. On the evidence, the fall is the only satisfactory explanation for the injuries identified by the doctors.

“In other words, the admissible evidence suggests that Mr Doomadgee’s death was a terrible accident.”

Mrs Clare has also reviewed the evidence in relation to possible charges of perjury and assault, however
found there was no reasonable prospect of a conviction for either offences.

“This has been a long and painful process for the people at the heart of the tragic events on Palm Island,”
Mrs Clare said.

“My decision in relation to any criminal prosecution, however, has to be based upon the evidence, and only
that evidence admissible in a criminal trial. My duties are different to those of the coroner. This may lead to
different views being reached in the same case, without questioning the processes and findings of the
coroner.

“I know there has been a great deal of community anxiety about the case, however the evidence speaks for
itself.

“I ask everyone to take the time to consider what I have had to say and the legal reasons that compel it.

“I also know that my decision offers little solace to the family of Mr Doomadgee. It has been a very difficult
time for them. I thank them for their patience and offer my deepest sympathies for the loss of a much loved
husband, father and brother.”

Mrs Clare met privately with Mr Doomadgee’s family earlier today in Townsville.

Source: Office of the Director of Public Prosecutions

GPO Box 2403, Brisbane Qld 4001
Ph: (07) 3239 6840 Fax: (07) 3220 0035

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