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Palm riot lawyer seeks law change

By Sean Parnell

19 July 2008 - LAWYERS for the alleged ringleader of the 2004 riots on Palm Island, which were sparked by an Aboriginal death in custody, have launched an extraordinary campaign to change the laws and reduce the maximum sentences for those involved.

Citing parallels with riots in Tibet and Burma, Sydney-based lawyer Stewart Levitt has written to Kevin Rudd and other federal and state politicians asking them to support proposed changes to the Queensland Criminal Code.

Mr Levitt wants the maximum sentence for a conviction on a charge of riot causing destruction of buildings -- for which Lex Wotton is due to go to trial in the Queensland District Court in October -- to be reduced from life in prison to 12 months, or less if there are mitigating factors.

The amendment would apply only to "a person who is a member of the Aboriginal race" who was involved in protests on Palm Island following the death in custody of Cameron Doomadgee, now known for cultural reasons as Mulrunji.

One of the mitigating factors suggested is "a sense of outrage or indignation" at the inadequate investigation into his death.

Mr Levitt had Mr Wotton's trial moved from Townsville to Brisbane, after he used a survey of Townsville residents to argue the city was racist. The survey found that fewer than 5per cent of Townsville residents had positive attitudes towards Aborigines and more than 50 per cent would be unable to put aside their prejudice during a trial.

Mr Levitt said yesterday he had support from left-wing unions and human rights organisations, and had been contacted by the offices of two federal Liberal frontbenchers.

Expecting criticism for trying to change the law before his client's trial, Mr Levitt said: "Some of the worst blights on the legal system came because people determined to apply the law, rather than apply a sense of justice to the situation.

"Jesus Christ was probably guilty of sedition under Roman law, and no doubt so was Nelson Mandela in trying to overthrow the South African government."

Queensland Attorney-General Kerry Shine, who has moved to amend the classification of a riot to involve a minimum of 12 people instead of three, was unmoved by the campaign.

"Under our Criminal Code, the law applies equally to all Queenslanders," he said yesterday. "Therefore I will not consider the proposed amendments."

Senior Sergeant Chris Hurley was last year found not guilty of causing Mulrunji's death.

He still faces a civil claim from Mulrunji's family and is the subject of an internal investigation into the insurance and ex gratia payments he received for property lost in the riots.

Source: The Australian

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