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ABC in legal bid for evidence into death of Doomadgee

Sarah Elks

5 September 2008 - THE ABC has launched its legal campaign to overturn non-publication orders on evidence given in a coronial inquest into the 2004 death in custody of Mulrunji Doomadgee on Palm Island.

Deputy Coroner Christine Clements found Senior Sergeant Chris Hurley was responsible for the death in the Palm Island watchhouse of Cameron Doomadgee - known in death as Mulrunji - in November 2004.

Senior Sergeant Hurley was last year acquitted of manslaughter and assault charges over Mulrunji's death.

Lawyers for both Senior Sergeant Hurley and Ms Clements are trying to quash the ABC's application in Brisbane's Supreme Court.

David Boddice SC, for the ABC, successfully applied for access to transcripts relating to Ms Clement's suppression orders of February 8 and August 19 2005 to allow his legal team to properly prepare its application.

In the directions hearing today, Justice Peter Applegarth - Queensland's newest Supreme Court judge - ordered the ABC could have access to the transcripts in 28 days, unless applications to dismiss or strike out were lodged on behalf of Senior Sergeant Hurley or the Deputy Coroner.

Glen Cranny, Senior Sergeant Hurley's lawyer, said he would consider having the ABC's application struck out because it appeared to be “beset by problems”.

Mr Boddice said Ms Clements may have made an error of law in making the suppression orders indefinite.

Lawyers for Ms Clements said the ABC's application appeared to be a “fishing exercise” for a legal error the ABC didn't know existed.

The matter was adjourned to a date to be fixed.

The case comes ahead of court action by Senior Sergeant Hurley's lawyers in Townsville next week which will attempt to strike from the public record the inquest finding of Deputy Coroner Clements.

Meanwhile, nearly four years after the Palm Island riots, Lex Wotton - who was the alleged ringleader of the unrest which came one week after Mulrunji's death - has still not been tried after a series of legal delays.

Another potential hold-up was sidestepped in the Brisbane District Court on yesterday when Judge Michael Shanahan refused to once again push back Mr Wotton's trial, due to begin on October 6.

Judge Shanahan had scheduled two days to hear legal argument from both Mr Wotton's and the Crown's legal representatives, but Mr Wotton's lawyer Stewart Levitt was not ready today.

Judge Shanahan said he was tempted to refer Mr Levitt's conduct to the Legal Services Commission.

Judge Shanahan said he would now consider legal arguments on the first day of the trial on October 6.

Should the trial continue, he said, a jury would be empanelled the following day.

Source: The Australian

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