Doomadgee inquest finishes hearing legal submissions

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.

Council CEO extends leave

The Mayor of Palm Island, off Townsville in north Queensland, says it could be several months before the council’s chief executive returns from medical leave.

Chief executive Barry Moyle left his position and the island late last year after receiving a letter containing a bullet.

Mayor Alf Lacey says Mr Moyle has requested again to extend his leave, which will be reassessed monthly.

“We’ve currently got our acting CEO in that position … and that person will continue to carry on the duties as the CEO and do the normal day-to-day business for the council,” he said.

“At the moment him and the senior management team at the council have been doing very well and continuing to keep the machinery of council going pretty good.”

Doomadgee inquest to hear submissions

The inquest into the 2004 death in custody of Cameron Doomadgee in the Palm Island watch-house, off Townsville in north Queensland, will hear submissions in Brisbane today.

Mr Doomadgee, 36, died from massive internal injuries after being arrested by Senior Sergeant Chris Hurley in 2004.

An inquest into Mr Doomadgee’s death found Senior Sergeant Hurley caused the fatal injuries.

But in 2007, a jury found him not guilty of Mr Doomadgee’s manslaughter.

Senior Sergeant Hurley appealed against the original findings and a new inquest opened in north Queensland last month.

Deputy chief magistrate Brian Hine will hear oral submissions in Brisbane today before making his decision

Indigenous media pioneer Mick Thaiday dies

The north Queensland Indigenous community is in mourning the death of one of its leaders, Palm Island councillor Mick Thaiday.

Mr Thaiday died in Townsville late last week.

Mayor Alf Lacey says he made his name with ABC Radio and was fundamental in setting up Indigenous media networks across Australia.

“Mick, yes leaves a big legacy behind,” Cr Lacey said.

“Particularly in the early days with his involvement with ABC as a sort of journalist back in those days.

“Both he and his brother Bill established a lot of Indigenous broadcasting services across the country.

“He played the role in terms of reconciliation when reconciliation wasn’t fashionable. It was people like Mick that worked alongside with a lot of non-Indigenous people to make things happen.”

Doors to shut on domestic violence centre

The State Government has taken court action to close a women’s centre that has been operating on Palm Island, off Townsville in north Queensland, for 25 years.

The Kootana Women’s Centre was set up to help women and children affected by domestic violence, but the Government expressed concerns about its service delivery.

A court order made last week has seen Kootana close and its workers removed.

Former mayor Delena Foster has worked at Kootana for 15 years and says the community knows and trusts it.

“A lot of them are asking where will you go, where will you operate from? I said we won’t exist because we have no place to go,” Ms Foster said.

She says she does not understand the decision and has sent the State Government a petition signed by more than 1,000 community members pledging their support.

“We built a clientele base of about 550 domestic violence clients plus 520 emergency relief clients,” Ms Foster said.

Communities Minister Karen Struthers says her department had hoped to avoid court action.

“There’s been concerns over a number of years about the compliance of that service with their funding agreement,” Ms Struthers said.

“I’d personally visited the service late last year to talk with staff and committee members myself. We’re not confident, as a department, that the funding going to that service was actually delivering support to women and children fleeing domestic violence.”

Ms Struthers says her department will call for new tenders to deliver domestic violence services on the island soon.

She says the Palm Island Community Company will run domestic violence services until then.

Assaults down in some Indigenous Qld communities

The Queensland Government says there has been a decrease in 10 Indigenous communities in the number of people hospitalised because of assaults.

The latest quarterly statistical report on the communities has been tabled in State Parliament.

Aboriginal and Torres Strait Islander Partnerships Minister Desley Boyle says assaults increased in eight communities.

“This is a serious concern and so I have accordingly triggered an investigation into the reasons in these particular communities,” she said.

“However some other communities did show decreases in the rates.”

School attendance

The report says school attendance rates have remained steady at 10 Indigenous communities.

Attendance improved in the Aurukun and Mornington Island communities, but there was a drop in the number of students going to school in Palm Island and Yarrabah.

Ms Boyle says there is more work to be done.

“While there has been considerable improvement in attendance rates on years past there is still a long way to go before all kids in these communities are routinely and regularly attending school,” she said.

Weakened cyclone swirls off Qld coast

The weather bureau expects a category four cyclone heading towards the far north Queensland coast to reintensify over the next 24 hours.

Tropical Cyclone Ului is in the Coral Sea about 1,500 kilometres east of Lockhart River on Cape York.

Weather bureau forecaster Leo Farrell expects the system to keep moving towards the coast over the next 24 hours.

“It was a category five – it’s eased back a bit to a category four, but there is an upper trough which is going to move in from the west and that tends to intensify them a little bit more as they get closer to the cyclone itself,” he said.

“That’s the reason why we expect it to eventually adopt a southerly type track.”

Forecaster Scott Carpentier says it is very difficult to ascertain where the cyclone will end up.

“It’s certainly not going to impact anywhere on the Queensland coast within the next few days,” Mr Carpentier said.

“It wouldn’t be until later on in the week that, if it continued on in its westward trajectory, it would impact on the coast.”

Emergency Management Queensland (EMQ) says north Queenslanders need to start making preparations for the cyclone.

EMQ regional director Warren Bridson says residents need to be prepared but not panicked.

“If it’s that big it doesn’t have to get that close to the coast before we may get the heavy wind,” he said.

“I’m confident that the models that the BOM [Bureau of Meteorology] will run will give us a better indication probably today and tomorrow.

“But I’m also confident that this thing out there – Hinchinbrook Shire, Townsville City Council, certainly Palm Island and Burdekin Shires – we’ll put them on alert today.”

Hurley offers ‘sympathy’ to Doomadgee family

The policeman acquitted of a 2004 death-in-custody on Palm Island in north Queensland has, for the first time, offered his sympathy to the victim’s family.

Senior Sergeant Chris Hurley has been giving evidence at the latest inquest into the death of Cameron Doomadgee.

The 36-year-old Palm Island man died from internal injuries suffered during his arrest for allegedly being drunk and a public nuisance.

Sergeant Hurley told the hearing that he offered his “sincere sympathy” to Mr Doomadgee’s partner and family.

He said he was “sorry for the angst they’ve had to suffer” in recent years.

But under questioning from the Doomadgee family’s barrister, Sergeant Hurley said he “didn’t regret his actions on the day” and that he had arrested people for the “same type of offence” since then.

Outside court, family spokeswoman Elizabeth Clay said the apology did not mean anything.

She said the family needs to forgive to move on but cannot do so yet.

The inquest has finished its public sitting with submissions to be accepted from legal counsel over the coming weeks.

Inquest told of Palm Island ‘scuffle’

The coronial inquest into the death in custody of a Palm Island man will continue hearing evidence today from the police officer acquitted of his manslaughter.

Cameron Doomadgee died from massive internal injuries in the Palm Island police watch house in 2004.

Senior Sergeant Chris Hurley was acquitted of manslaughter in 2007.

He started giving evidence in Townsville yesterday with the focus on a fall involving him and Mr Doomadgee at the entrance of the police station.

Sergeant Hurley said he was not sure what caused the incident but he did not think that he landed on Mr Doomadgee and denied striking or speaking to him in an abusive way.

He told the reopened inquest that Mr Doomadgee punched him in the face when he tried to escort him from the police vehicle to the station, and they had scuffled.

He denied that he was angry with Mr Doomadgee and told the hearing that he could not hear the prisoner call out from his cell – and that if he did he would have gone to him

Sergeant Hurley is expected to continue giving evidence until this afternoon.

Arresting officer to testify at Doomadgee inquest

The police officer acquitted of the manslaughter of a Palm Island man is expected to give evidence into a reopened inquest in North Queensland today.

Palm Island man Cameron Doomadgee was found dead in a cell of the local police station in 2004.

Three years later Senior Sergeant Chris Hurley was acquitted of his manslaughter.

It is expected Sergeant Hurley will also take the stand in Townsville this afternoon.

This morning the inquest will hear from more officers on duty at the time.

Senior Sergeant Michael Leafe started giving evidence yesterday when the court was shown footage of Mr Doomadgee lying lifeless in the cell with another prisoner.

Sergeant Leafe told the court he did not realise there was a problem until checking Mr Doomadgee some time later.

Teen was ‘refused medical help’ before death in custody

Queensland’s Indigenous community will march on State Parliament today, enraged over the circumstances surrounding a recent death in custody.

An 18-year-old prisoner died late last month and there are claims Brisbane jail staff denied him adequate medical treatment even though he was too sick to walk.

Today’s march coincides with the reopened inquest into the controversial Palm Island death in custody.

Prison chaplain Reverend Alex Gator says inmates at the Arthur Gorrie correctional centre called her with news of the latest tragedy last month.

“This young youth, only 18 years of age, he had spent five weeks on remand and then the five weeks he was at Arthur Gorrie he became ill, so he was ill for six days,” she said.

“The first time he’d gone to the medical centre he was given Panadol, other times he’d gone he was told that there was nothing wrong with him. So he was repeatedly denied medical assistance.

“Towards the end the boys had to carry him, the Murri boys in his unit had to carry him, because he could hardly walk.

“They nearly caused a riot, the Murri boys. They yelled out to the officer, ‘get him to the hospital’ because something was wrong with him.

“And one officer made the comment, ‘Well if he can go to the toilet, there’s nothing wrong with him’.”

Reverend Gator says the teenager was ultimately rushed to hospital and put on life support. But he died a few days later on February 20.

“I conducted a memorial service. The boys said they only saw him a couple of weeks ago talking, laughing, joking and next thing they hear this young man is dead,” she said.

Reverend Gator says the teenager should never have been put in jail because he had a serious pre-existing medical condition.

“That is the question we’re asking – why? Why was he in prison, not in hospital? I mean he wasn’t a terrorist, a paedophile, rapist or a murderer,” she said.

“He was in there for a misdemeanour. And as far as I’m concerned, it’s just racial discrimination towards Aboriginal people. This is about racial hatred attitudes towards Aboriginal people.

“They’re deliberately turned away and told there’s nothing wrong with them. And Corrective Services have failed in their duty of care to provide a service to this young man.”

‘Could have been avoided’

Brisbane Indigenous community leader Sam Watson says news of the death in custody has spread like wildfire.

“We are very concerned about this because this appears to be yet another Aboriginal death in custody that could have been avoided, that should have been avoided,” he said.

Queensland Corrective Services has issued a written statement saying “there are no suspicious causes” in the teenager’s death.

The statement adds that all deaths in custody are referred to the coroner and to the chief inspector of prisons for investigation.

But Mr Watson says the Indigenous community is calling on the Queensland Government to instigate a full coronial inquest.

“There have to be a lot of questions answered. We want to get to the bottom of this and we want to do it very, very quickly,” he said.

“We don’t want this to drag on like Palm Island. The Palm Island death in custody happened six years ago. Here we are six years down the track; we still haven’t received any outcomes, we still haven’t received any real closure.”

No one has been convicted over Cameron Doomadgee’s death on Palm Island in 2004 and the circumstances surrounding his death remain shrouded in doubt.

This week the third coronial inquest into the watch house death is being heard and today Senior Sergeant Chris Hurley is expected to take the stand.

The initial inquiry found the policeman fatally wounded Mr Doomadgee but Senior Sergeant Hurley was later acquitted of manslaughter charges.

Doomadgee inquest hears more evidence

The reopened inquest into the death in custody of a Palm Island man in north Queensland in 2004 continues today.

Cameron Doomadgee was found dead in the local watch-house after being arrested by Senior Sergeant Chris Hurley.

The original inquest into his death ruled the policeman caused the fatal injuries and he was tried and acquitted on charges of manslaughter and assault.

A review in the District Court ruled the original inquest findings should be set aside and the inquest reopened.

A witness whose evidence was pivotal in the original inquest will be re-examined today.

Giving evidence at the new inquest yesterday, Palm island man Roy Bramwell told the court he saw Sergeant Hurley punching as well as kneeing Mr Doomadgee inside the police station.

Mr Bramwell will continue his evidence this morning.