2004 Palm Island death in custody
The 2004 Palm Island death in custody incident relates to the death of an Aboriginal resident of Palm Island in Queensland, Australia, Cameron Doomadgee on Friday, 19 November 2004 in a police cell. The death of Mulrunji led to civic disturbances on the island and a legal, political and media sensation that continued for fourteen years.
The Attorney-General of Queensland, Kerry Shine, indicted an Australian police officer for a criminal trial for the first time since the public prosecutor's office was established. The officer, Senior Sergeant Chris Hurley, who was charged for a death in custody, was acquitted by the jury in June 2007. Hurley medically retired from the Gold Coast station of the Queensland Police in 2017 following a string of charges while serving as a police officer including assault and dangerous driving.
Police raids and behaviour following the community riot were found to have breached the Racial Discrimination Act 1975, with a record class action settlement of million awarded to victims in May 2018.
Two legal questions arose from the death; firstly, whether the taking into custody of Mulrunji was lawful, and secondly, whether the injuries that led to his death were illegally caused by the arresting officer.
Politically, this event raised questions relating to the federal government's 1987–1991 Royal Commission into Aboriginal Deaths in Custody and whether its recommendations to prevent deaths in custody had been implemented by the government.
The death of Cameron Doomadgee
Cameron Doomadgee, an Aboriginal Australian, was aged 36 when he died, at about 11:20am on Palm Island, one hour after being picked up for allegedly causing a public nuisance. Mulrunji was placed in the two-cell lockup which was the back section of the Palm Island Police Station. Fellow Palm Islander Patrick Bramwell was placed in the adjoining cell.The arresting officer, Senior Sergeant Chris Hurley, and the Indigenous police liaison officer, Lloyd Bengaroo, were flown off the island the following Monday, after receiving death threats and Hurley's house being burned down.
This was the 147th death of an Aboriginal person in custody since the handing down of the Royal Commission into Aboriginal Deaths in Custody.
An autopsy report by Coroner Michael Barnes was produced for the family one week after the death. It stated that Mulrunji had suffered four broken ribs, which had ruptured his liver and spleen, it also found that the body's blood alcohol content was 0.29 from a cocktail of alcohol including methylated spirits mixed with sweet cordial. The family of the deceased were informed by the Coroner that the death was the result of "an intra-abdominal haemorrhage caused by a ruptured liver and portal vein".
Main points from media reports after interviews with residents and relatives stated:
- Mulrunji visited his new baby niece early on the morning of 19 November 2004;
- He was drinking beer at the time but was not considered to be drunk;
- He was carrying a bucket with a mud crab which he was going to sell;
- He then walked from his mother and sister's house to Dee Street where he was picked up;
- He was walking along the street singing "Who Let the Dogs Out?" when Hurley drove past.
Gladys requested that Hurley accompany her so that she could safely get medication from Bramwell's house. Hurley drove her to the house in the police vehicle. While Gladys retrieved her medication, Patrick Bramwell was outside. He appeared intoxicated and was swearing at the police. His grandmother complained to Hurley, who then arrested him.
Meanwhile Mulrunji taunted Bengaroo with words to the effect of "why does he help lock up his own people?". Hurley then reentered the car and talked with Bengaroo briefly. Mulrunji who had walked away, turned and allegedly swore at the police officers. Hurley drove over to Mulrunji and arrested him for creating a public nuisance, after which Mulrunji was taken in the back of the police vehicle for the short trip to the police station.
Doomadgee family spokesman, Brad Foster, claimed that after the men had been put into the cells, fifteen minutes lapsed before a seven-second check was done on the inmates. Forty-two minutes later a second police officer observed that Mulrunji was a strange colour and was cold to the touch. The officer could not find a pulse. When alerted to this, Hurley came into the cell and thought he could detect a pulse. According to statements an ambulance was then called taking fifteen minutes to arrive. During this time no attempts were made to resuscitate the prisoner, although the autopsy found that there would have been no chance of saving him. The videotape footage from the cell shows Hurley checking for breathing and pulse then "sliding down the wall of the cell until he sat with his face in his hands".
When Mulrunji's sister brought lunch for him to the front section of the police station, she was not informed of events and was told to leave. The family and the state coroner were informed of the death at about 3pm that afternoon. Police began taking statements from witnesses. Procedures for taking of statements from illiterate Aboriginal people were not followed, including the requirement to have a representative present who understands the process.
The Doomadgee family later stated that the Queensland Government's response had not been to provide counselling for the family but to send in 18 extra police from Townsville who "strut around this community, looking intimidating".
For the following week public meetings were held on the Island due to anger rising in the community about the death.
Autopsy report
On Friday 26 November 2004 the results of the autopsy report were read to a public meeting by then Palm Island Council Chairwoman Erykah Kyle. The autopsy report was medical and did not state what caused his death. It did list possible causes which included that the multiple injuries sustained could have been consistent with him falling off a concrete step at the Palm Island watchhouse.The injury may have been caused by Hurley falling on the deceased.
The deceased was 181 cm tall and weighed 74 kilograms. Hurley was 201 cm tall and weighed 115 kilograms.
The Coroner later stated that the autopsy was "far too sensitive and private" to be publicly released. Subsequent to the autopsy report reading a succession of angry young Aboriginal men spoke to the crowd and encouraged immediate action be taken against the police. Mulrunji's death was repeatedly branded "cold-blooded murder". A riot erupted involving an estimated 400 people, half of them school children.
Riot, police raids, and racial discrimination
A crowd headed initially for the police station. The local courthouse, police station, Hurley's home and the police barracks were burned down. Eighteen local police had to repeatedly retreat; firstly receding from the station to the residential barracks, then when the barracks were also set alight they withdrew to the hospital and barricaded themselves in. Cars and machinery were driven onto the runway, blocking all aircraft movement. Even the volunteer fire brigade had stones thrown at them while they tried to put out the courthouse and police station fires.The volatile situation was attributed to the lack of consultation with the family and community combined with the premature public release of the autopsy report. They appeared to have jumped to a conclusion given their description of the death as "cold blooded murder".
As the riot occurred during the school lunch break, it was witnessed by many children. As a way of helping them understand and cope with the on-going trauma they had experienced, children were later encouraged to express themselves through art, one of the resulting pieces was titled "We saw the police station burn. I want people to have love".
Numerous police officers were flown into Palm Island following the riot. Police officers in riot gear, wearing balaclavas, with no identification and carrying large guns, marched into the community, conducting early-morning raids. Residents report officers pointing guns at children's heads and being tasered. A resident and his partner were later awarded in compensation for assault, battery and false imprisonment.
Class action
Police actions were later found to breach the Racial Discrimination Act 1975, with the raids being "unnecessary, disproportionate" and police having "acted in these ways because they were dealing with an Aboriginal community".The raids resulted in a record million class action settlement and a formal apology to be made by the State Government.
Emergency response, ''Public Safety Preservation Act''
Later the same day approximately 80 additional police from Townsville and Cairns were flown to Palm Island to restore order. Part of the flown in police contingent was the tactical response group who wore riot shields, balaclavas and helmets with face-masks, Glock pistol at the hip and a shotgun or semi-automatic rifle in their right hand. They converted the Bwgcolman Community School into a headquarters and sleeping barracks, and the St Michael's school bus was commandeered.During the weekend the tactical response group searched many homes. Children witnessed their parents being arrested and taken to Townsville for committing crimes such as public drunkenness and common assault.
Premier Peter Beattie visited Palm Island on Sunday 28 November, producing a five-point plan to restore order to local leaders. There was much debate over the appropriateness of the police and government response to the riot. Complaints were made that Aboriginal Legal Aid had been denied access to the Island. Queensland Police Union President Denis Fitzpatrick demanded the rioters be charged with attempted murder of 12 police. The police who had been stationed on the island indicated through the Union that they did not wish to return to Island duties.
An emergency situation was declared under the Public Safety Preservation Act 1986 on the afternoon of the riot. It was lifted two days later, just before the Premier's arrival. Later the timing of the "emergency" was disputed by lawyers for the Palm Island community. The lawyers maintained two key points, firstly that the emergency could only last for as long as the riot itself and secondly the police did not have extended search and detain powers under the Act that they had relied upon.