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Palm Island conflict from bad to worse

Editorial:

28 December 2006 - Retired District Court chief judge Pat Shanahan had no choice but to step down from the ill-conceived inquiry into the decision-making process of the Queensland DPP in relation to the death in custody of Palm Island man Mulrunji Doomadgee.

Had he not done so, he would have further eroded public confidence in the handling of serious allegations of mistreatment of Aboriginal citizens by the Queensland police. Queensland Premier Peter Beattie's claim that he did not see the conflict of interest speaks volumes about the sorry state of affairs in which his Government now finds itself. Mr Shanahan yesterday excused himself from reviewing the DPP's controversial decision not to pursue any charges over Mr Doomadgee's death, despite a coronial finding that Senior Sergeant Chris Hurley was responsible.

Mr Shanahan made his decision to withdraw in response to a public outcry sparked by a report in The Australian on Tuesday that the retired judge was one of three people who had unanimously voted for Ms Clare's appointment as DPP. As Mr Shanahan knows, proper judicial process cannot support even the perception of conflict of interest or apprehension of bias. That Mr Beattie still does not get it is a cause for concern.

At the very least, Doomadgee's death reflects bungling incompetence at every level. He was a young man of good character who was arrested for being disrespectful to Sergeant Hurley, who was attending to a domestic violence matter in which Doomadgee had no involvement. Within an hour of his arrest, Doomadgee was dead after being allegedly punched and then fallen on by Sergeant Hurley in the Palm Island police station.

Doomadgee's death sparked violent riots on Palm Island, in which the police station was burnt to the ground. Several people are now in jail as a result. Relations between the Queensland Government and the Palm Island community have broken down, Doomadgee's son has taken his own life, his mother has died and the Beattie Government has sought to downgrade its exposure to Aboriginal affairs. Queensland no longer has a dedicated Aboriginal affairs portfolio. A report into the dysfunctional conditions on Palm Island was tabled in parliament almost a year ago. It identified key systemic failings, particularly in land tenure, housing and funding for the local council. However, the report's recommendations have received scant financial or bureaucratic attention.

The state Government's latest flawed decision to appoint Mr Shanahan had all the hallmarks of a political fix designed to defuse the anger that has again been stoked on Palm Island and been supported by some of Australia's most influential Aboriginal leaders, including Warren Mundine and Noel Pearson. The latest breakdown of trust follows the DPP's decision not to press any criminal charges in relation to Doomadgee's death, despite the finding by acting Queensland Coroner Christine Clements that Sergeant Hurley was responsible. Mr Pearson said Ms Clare's decision on Mr Doomadgee called into question the confidence Queenslanders could have in her as DPP. He said Ms Clare was incompetent in the matter because she had overstepped the bounds in her decision not to prosecute.

Rather than finding the evidence would not sustain a conviction if put before a jury, Ms Clare had made an absolute determination that Doomadgee's death was a "tragic, tragic accident". Mr Pearson said that given the contradiction between her conclusion and that of the Deputy State Coroner, Ms Clare should have anticipated the public outcry her decision would cause and arranged an independent second opinion or made provision for that possibility. Had she done so, the Queensland Government would not be in the mess it is now in, having appointed its own inquiry with questionable powers that was fatally flawed from the outset. Ms Clare compounded the community backlash by refusing to adequately defend her decision in public.

As The Australian has noted, the state Government's decision to appoint an outside review of Ms Clare's decision appeared primarily to be a political fix and was doomed to fail. As Ms Clare has correctly asserted, the DPP is an independent body and cannot be told what to do. In short, having formed the view there is no case to answer, Ms Clare is unable to mount a prosecution on the instruction of anyone else. This would not be the case if Ms Clare had made her own provision to seek an outside opinion from another jurisdiction, as she did in the past in the case of Scott Volkers.

The continuing controversy surrounding Doomadgee's death reflects poorly on both the Queensland Government and DPP. The nature of the case raises sensitive issues concerning the treatment of Aboriginal citizens by the Queensland police. The DPP's decision to short-circuit the judicial process has compounded the concern of the Doomadgee family, the Palm Island community and outside observers. Mr Shanahan's sensible withdrawal provides an opportunity for Ms Clare to reconsider. It is not too late for her to commission outside assistance from someone who enjoys the trust of all parties and has a familiarity with Queensland and Palm Island - such as former Royal Commissioner Tony Fitzgerald, QC - to assist her office in what is a highly charged and most sensitive matter.

Source: The Australian

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