Qld: Another sad chapter in Palm Island saga

AAP General News (Australia)
12-15-2006
Qld: Another sad chapter in Palm Island saga

By Dave Donaghy and Steve Connolly

TOWNSVILLE, Dec 15 AAP - Palm Island and the death in custody of Mulrunji Doomadgee
symbolise the deep divisions between police and indigenous Australians.

The island off the coast of Townsville in north Queensland has a name which conjures
up visions of a tropical paradise.

But for indigenous Australians it has a shameful history, further blighted by a decision
yesterday not to prosecute a policeman blamed for Mulrunji's death in custody.

Almost 90 years ago the Queensland government decided Palm Island was the ideal place
to confine indigenous people regarded by white society as "problem cases" and "uncontrollables".

Once dubbed the most violent place on earth outside a war zone, a recent report labelled
Palm Island "third world".

The report to the Queensland government described Palm Island as picture perfect, but
that its 2,500 mainly indigenous residents endured dire living conditions.

"No one can visit Palm Island and leave untouched by the stark contrasts of the stunning
natural beauty of the island and the third world conditions under which many of its residents
are compelled to live," the report said.

"Despair, despondency and poverty have marred the lives of many in the community."

The report was commissioned by the government after riots broke out on the island following
the death of Mulrunji while in police custody in November 2004.

More than two years after Mulrunji's death, the local community is dealing with another
bitter pill after a policeman blamed over the death was cleared by the state's top prosecutor.

Deputy state coroner Christine Clements had ruled in September that Senior Sergeant
Chris Hurley struck Mulrunji, 36, and caused his fatal injuries.

But Director of Public Prosecutions Leanne Clare said charges would not be laid against
Snr Sgt Hurley.

Ms Clare said the evidence was not capable of proving Snr Sgt Hurley was criminally
responsible for Mulrunji's death, which she said was a "terrible accident".

Townsville-based Aboriginal activist Gracelyn Smallwood said the DPP's decision was
another slap in the face for indigenous Australians.

"The DPP is the police investigating the police," Ms Smallwood said.

Australian Democrats Queensland Senator Andrew Bartlett said the DPP's decision would
undermine any faith indigenous people had in the criminal justice system.

He pointed how earlier this month local people who had taken part in the riots which
followed Mulrunji's death had had their penalties increased by the Queensland Court of
Appeal.

"It is not for me to dispute the reasoning behind the DPP's decision, but you don't
need to be Einstein to know that the failure to charge a police officer who has been found
by a coroner to have caused a man's death will look very much like white man's justice,"

Senator Bartlett said.

The Mulrunji case has been a terrible saga for his family, who have also had to deal
with the subsequent suicide of his 18-year-old son, Eric.

Mulrunji's sister Valmai Aplin said of the DPP decision: "I felt like my heart was
ripped apart, like they just ripped my heart open.

"He (Snr Sgt Hurley) is probably going to get compo and all the time we were suffering
for the last two years.

"I don't know what to tell my kids - it's like my brother died for nothing."

Premier Peter Beattie said he understood that a lot of people would be upset over the
DPP decision.

"I hope that all take things easy and allow (the decision) to be properly explained
to them," Mr Beattie said.

Mr Beattie said he and the rest of the community had to accept the umpire's decision.

"There has been no political interference, there has been no police interference ...

the way the system works is it is the umpire's decision," Mr Beattie said.

"What's important here is we build for the future and we are endeavouring to work with
the Palm Island community.

"We are going to ... try as much as we possibly can to put these matters behind us.

"Clearly from the family point of view, Mulrunji's family, that's not going to be easy."

Professor David Biles, the head of the research team for the landmark 1991 royal commission
into Aboriginal deaths in custody, said custody should only be used as a last resort by
police.

"I think this case will be another wake-up call to police forces throughout the whole
of Australia to say 'Watch it, just be careful'," he said.

AAP dd/sc/goc/sp

KEYWORD: MULRUNJI (AAP BACKGROUNDER) (FILE PIX) RPT

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