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ABC challenges Palm Island death secrets

Georgia Waters

27 August 2008 - Secret evidence in the case of the death of an Aboriginal man in custody in North Queensland may be released to the public if legal action taken by the ABC is successful.

The national broadcaster yesterday announced it had begun legal action in the Queensland Supreme Court in a bid to overturn a coronial order that prevented the reporting of controversial evidence following the death of 36-year-old Mulrunji Doomadgee in a Palm Island police cell on November 19, 2004.

The incident sparked a riot in the small community.

In September 2006, acting State Coronor Christine Clements ruled Mulrunji had died after being struck while on the floor of the watchouse and placed a non-publication order over some of the evidence heard during the case.

The reasons behind the supression have never been made public.

Former Palm Island officer-in-charge, Senior Sergeant Chris Hurley, was later charged with Mulrunji's manslaughter and assault but was acquitted by a Townsville Supreme Court jury in June last year.

The ABC opted to take legal action to challenge the gag order following the publication of a book on the affair, written by ABC journalist Jeff Waters, who was prevented from using the secret evidence.

Gone for a Song: A Death in Custody on Palm Island, published in May this year, included a postscript that "[now Senior Sergeant Chris Hurley's] trial is over, there is no reason why, in the public interest, the suppression order should not be overturned.

"The information that would then become available would certainly reveal a need for institutional reform - and perhaps even force it - for the benefit of society as a whole," Waters wrote.

The matter will go to court on September 5.

also see: ABC Media Release

Source: Brisbane Times

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