home | news l

Top jurist for Palm case

By Andrew Fraser and Ean Higgins

5 January 2007 - THE Beattie Government yesterday bowed to pressure to appoint an interstate jurist to investigate the Palm Island death in custody, selecting one of the nation's most eminent legal minds to review the decision not to charge a policeman over the death of Mulrunji Doomadgee.

Former NSW chief justice Laurence Street said he would start work immediately and that he expected to complete the review within five weeks.

A jurist of Sir Laurence's standing could expect to earn up to $250,000 for his review of the case documents.
Queensland Attorney-General Kerry Shine, who offered Sir Laurence the role yesterday morning, and Acting Premier Anna Bligh stressed that his review would be a second opinion, not an assessment of the competence of Queensland Director of Public Prosecutions Leanne Clare.

The review was prompted after Ms Clare decided against putting Senior Sergeant Chris Hurley on trial despite a finding by Queensland's Deputy Coroner that Doomadgee died in the Palm Island watch house in November 2004 as a result of his actions.

"This is not an inquiry into her or the office of the Director of Public Prosecutions," Mr Shine said.
"This is demonstrated every day in courts all around Australia, where lawyers and judges disagree with one another all the time. But this case is something that doesn't happen every day."

Former chief judge of the Queensland District Court Pat Shanahan was appointed just before Christmas to undertake the review, but he resigned over a perceived conflict of interest after The Australian revealed he had sat on a panel that appointed Ms Clare as DPP.

Sir Laurence will work with Brisbane barrister Peter Davis.

The tabling of the report in the Queensland parliament, probably in February, will set a precedent. "I think it is wise to do that because it will probably contain names of various people and for the protection of all concerned, it's wise that the protection of parliament is afforded," Mr Shine said.

If the report recommends that Senior Sergeant Hurley be charged, then it is open to Mr Shine to present the court with an ex-officio indictment that would put him on trial.

Sir Laurence, a former royal commissioner, now runs a successful commercial mediation service. Speaking from the Blue Mountains, where he was engaged in a mediation, Sir Laurence told The Australian he would start reviewing documents in Sydney today, but would conduct most of his work in Queensland where he will beassisted by two barristers.

He said Mr Shine had told him he would not be required to hold hearings or interviews, but only provide a second opinion on whether a prosecution was warranted based on a review of the case documents.
He had not discussed his fees for the assignment with Mr Shine. But it is understood he is likely to charge fees equivalent to that of a top commercial barrister of about $8000-$10,000 a day.
Ms Bligh, who described Sir Laurence as one of Australia's "top legal minds", said his being from NSW was not a factor in his selection.

Opposition justice spokesman Mark McArdle said the inquiry would have an impact on Ms Clare, and that it would be difficult for her to remain in her position if charges against Sergeant Hurley were laid.
"If the DPP is overridden by the state Government, then that creates some serious precedent difficulties in the future," he said.

Brisbane-based Aboriginal activist Sam Watson said the Aboriginal community welcomed the appointment of Sir Laurence, who would provide more credibility in the process.

"This is the first thing they've done right - an appointment of this magnitude should have been the first step."

Source:The Australian

Further information: palm island issues page - includes news index and external links