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Palm cop to face charges

By Tony Koch and Michael McKenna

27 January 2007 - THE policeman at the centre of the Palm Island death in custody case will face a manslaughter trial after an unprecedented review by a former NSW chief justice contradicted the Queensland Director of Public Prosecutions' decision not to lay charges.

Senior Sergeant Chris Hurley, 36, will become the first policeman to face criminal charges over an Aboriginal death in custody when the Queensland Government appoints a special prosecutor to mount a manslaughter case over Mulrunji Doomadgee's death on November 19, 2004, in the watchhouse on Palm Island.

The move called into question the immediate future of DPP Leanne Clare and incensed the union representing the state's 9000-strong force, which threatened to organise a protest march on Parliament House.

Laurence Street found there was enough evidence to charge Sergeant Hurley with manslaughter -- and to possibly warrant a conviction. His findings were in direct contrast with those of Ms Clare who found Doomadgee's death was "a terrible accident".

Ms Clare outraged national Aboriginal leaders in November when she decided not to prosecute Sergeant Hurley, despite a finding by the Queensland Deputy Coroner that he was responsible for the death.

The inquest into the death found that Doomadgee suffered four broken ribs and a cleaved liver, causing him to bleed to death within 20 minutes. It was alleged at the inquest - and strongly denied by Sergeant Hurley - that he had wrestled Doomadgee to the concrete floor of the watchhouse and then driven his knees into his chest, causing the fatal injuries.

As a national outcry mounted, state Attorney-General Kerry Shine appointed retired District Court judge Pat Shanahan to review the decision. But Mr Shanahan stood aside amid a conflict of interest row after The Australian revealed he had been a member of the three-person panel that appointed Ms Clare to her position in 1999.

Mr Shine then appointed Sir Laurence, a retired NSW Supreme Court chief justice, to review Ms Clare's decision.

Queensland Premier Peter Beattie said he had been convinced because of media pressure that a second opinion had been required.

"In particular, I acknowledge that the issues raised in The Australian dictated that we had to get another opinion, and Sir Laurence provided the answers to those issues," Mr Beattie said.

The Australian revealed serious shortcomings in the initial investigation into Doomadgee's death, and that Deputy Coroner Christine Clements had erred in her findings.

Mr Shine yesterday announced that Sir Laurence had found there was sufficient evidence for a jury to find Sergeant Hurley, who was yesterday suspended from duty on full pay, guilty of manslaughter.

"In light of Sir Laurence's opinion, and having given very careful consideration to the matter myself, I have decided it is in the public interest that this matter should be resolved in court," Mr Shine said. "Furthermore, Sir Laurence believes there is a reasonable prospect of a conviction."

Prominent Aboriginal lawyer Noel Pearson yesterday said Sir Laurence's recommendation to lay manslaughter charges "was a vindication of the concern that was widespread across Australia and included indigenous and non-indigenous people".

As Doomadgee's family and Palm Islanders welcomed the decision, Australian Council for Civil Liberties president Terry O'Gorman said the Queensland DPP must be made more accountable for decisions.

Mr O'Gorman said although Sergeant Hurley must be presumed innocent until proven guilty, DPPs had in the past sent much weaker cases to court.

"(The DPP's) decision was seen by many criminal defence lawyers as most curious, to say the least," he said.

"The DPP's office in Queensland on a daily basis runs cases through to jury verdict that are factually much weaker than Sergeant Hurley's case appears to be."

Mr Pearson said he had always believed the Doomadgee case "was a miscarriage of justice and Leanne Clare's declaration that no charges could possibly be laid was flawed".

"Those in charge of the Queensland justice system should now reflect on the fact that if their system had worked in its normal way, this gross injustice would have carried through unchecked," he said.

Doomadgee's sister Carol said she was relieved charges would be brought in relation to her brother's death.

"It's been a long, sad time. He was a happy-go-lucky boy who used to bring his parents fish. He was nice to everybody, no trouble to the police. I miss him a lot," said Ms Doomadgee, the eldest of the eight Doomadgee siblings.

But Mr Beattie maintained his support for Ms Clare. "There is no reason for her to take decisions in relation to her future, she can continue in the job," he said.

And he dismissed the claims that the review, and looming charge against Sergeant Hurley, had in any way compromised the independence of the DPP.

"I am appealing to everybody to accept the decision," he said. "Let this matter go through due process, let it be determined in the courts and let it be done in accordance with the law."

Police Commissioner Bob Atkinson suspended Sergeant Hurley, who is expected to appear in court next week over Doomadgee's death which sparked riots on Palm Island in 2004.

Police union vice-president Denis Fitzpatrick said Sergeant Hurley was "in shock" over the decision and the state's police were incensed. "Our members are incensed at the political interference in this matter and we will be consulting with them over the next few days and deciding what action to take," he said. "We are not ruling anything out."

Ms Clare initially refused demands from political and legal representatives to allow her decision to be reviewed by an interstate peer.

Instead, she gave the files to Mr Shine who used his statutory power to order the review.

Mr Shine will next week seek advice from Crown Solicitor Conrad Lohe on how to proceed against Sergeant Hurley, with a special prosecutor to be appointed from outside the DPP's office.

Queensland parliamentary Speaker Mike Reynolds, whose electorate includes Palm Island, said he welcomed the decision and encouraged all parties to allow justice to take its course.

"However, I particularly congratulate The Australian newspaper for the long fight and campaign they have waged on behalf of the most disadvantaged people in Australia," he said.

Mr Shine said he had given careful consideration to Sir Laurence's legal opinion and had decided "that this matter should be resolved in a court".

He said the opinion would be tabled in parliament, but not in the immediate future when it could be prejudicial to any court appearances.

Mr Shine said Mr Lohe would advise him on the course of action to be adopted, with the probability that the Attorney-General would proceed by ex-officio indictment and the case would proceed with a special prosecutor appointed from the private bar.

Source: The Australian

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