Police threaten strikes over Palm Island death charges
The Australian
January 26, 2007
QUEENSLAND police are threatening mass strikes over the state government's pursuit of manslaughter charges against the officer at the centre of the Palm Island death in custody case. Attorney-General Kerry Shine today said he had instructed the crown solicitor to initiate charges against Senior Sergeant Chris Hurley, after a report found there was enough evidence to prove he was responsible for the death of Mulrunji Doomadgee in November 2004.
Former NSW chief justice Sir Laurence Street, who was appointed by the government to review a decision not to charge the policeman, found there was enough evidence to charge him with manslaughter - and to possibly warrant a conviction.
His findings were in direct contrast with those of Director of Public Prosecutions (DPP) Leanne Clare who found Mulrunji's death in the island's watchhouse was "a terrible accident".
Her ruling came despite a coroner finding Snr Sgt Hurley was responsible for 36-year-old Mulrunji's death.
"Sir Laurence has advised me that he believes sufficient admissible evidence exists to support the institution of criminal proceedings against Senior Sergeant Chris Hurley for manslaughter of Mulrunji," Mr Shine said.
"Furthermore, Sir Laurence believes there is a reasonable prospect of a conviction."
Aborigines who marched on Queensland's Parliament House today as part of Australia Day protests erupted in cheers on hearing the news, describing it as a "landmark" decision.
However, the Queensland Police Union (QPU) said officers were "furious" and warned the state's 9,200-strong force could strike.
"Police right across the state are incensed at this political interference and over the next few days we'll consult with them about what actions they will like to take," QPU vice president Denis Fitzpatrick said.
"At this stage we'll rule nothing out. It's not just noisy minority groups who can march on to parliament."
Mr Fitzpatrick said Snr Sgt Hurley, who has been suspended until after the matter goes through court, was "absolutely shocked" and would vigorously defend the charges.
Premier Peter Beattie today urged all parties to accept the outcome but continued to stand by the controversial DPP amid concerns about her competence.
Ms Clare has previously come under fire for other high profile decisions, including one concerning Pauline Hanson, whose conviction on electoral fraud was overturned.
"There is no reason ... for (Ms Clare) to take a decision relating to her future," Mr Beattie said.
A spokesman for Ms Clare said the DPP would not comment.
Sir Laurence, who spent about three weeks reviewing the decision, also refused to comment on how he came to his decision, saying only he addressed the case "quickly in view of its importance".
The Mulrunji family lawyer Andrew Boe described the report and the government's reaction as a "landmark" decision.
"This is the first time that a criminal charge has followed a death in custody in Australia's history," he said.
"For the Palm Island community, which is beleaguered with so much disharmony and distress, this is really their first ray of hope that the course of justice will actually flow when it involves indigenous issues."
Mr Shine said for legal reasons, the government would not table Sir Laurence's report in state parliament until after the matter goes to court.
"We will do so as soon as it is legally appropriate, but it is likely this will not be until after the court case to ensure the fairness of the prosecution is not compromised," he said.
However, opposition justice spokesman Mark McArdle said Ms Clare should be allowed to review her report in light of Sir Laurence's findings.
"Ms Clare is the appropriate person to lay charges in criminal matters in Queensland," he said.
- AAP