The inquest into death in custody of Cameron Doomadgee has finished hearing legal submissions in Brisbane after being told a finding of the use of deliberate force is not possible within the constraints of the law.
Mr Doomadgee died from a ruptured liver and portal vein after a fall at the police station on Palm Island off Townsville in north Queensland in 2004.
Senior Sergeant Chris Hurley was acquitted of Mr Doomadgee’s manslaughter in 2007.
At issue in the latest inquiry into his death, is whether the injuries were caused accidentally in a fall with Senior Sergeant Hurley, or whether they resulted from deliberate force.
The family of Mr Doomadgee has urged the coroner to rule that his injuries were caused by deliberate force.
The family’s submission argues Senior Sergeant Hurley maintained he fell to the side of Mr Doomadgee, until the medical evidence made it clear that his account could not explain the injuries.
Counsel for Senior Sergeant Hurley is urging the coroner to find the injuries were caused accidentally and his initial recollection of the events was faulty.
But Counsel for the Queensland Attorney-General says the medical evidence suggests the injuries could not have been caused by a simple fall.
Counsel assisting the coroner, Ralph Devlin, told the court the dichotomy between the deliberate and accidental application of force was irreconcilable.
He said circumstantial evidence points to deliberate use of force by Sergeant Hurley but medical evidence leaves open the possibility the fatal injuries were caused accidentally.
Deputy Chief Magistrate Brian Hine says he hopes to hand down his findings in Townsville on May 14.