[Green-Activist] Fw: [Redfern-W] same old, same old
Anne Goddard
winter___ at dodo.com.au
Thu Dec 14 23:32:38 EST 2006
----- Original Message -----
From: BROWN,Sharon
To: Marshall Saunders ; Redfern-Waterloo at yahoogroups.com
Sent: Thursday, December 14, 2006 2:53 PM
Subject: [Redfern-W] same old, same old
No charges over death in police custody
December 14, 2006 01:54pm
A POLICE officer found by a coroner to have caused the injuries of a Palm Island man who died in custody would not be charged, the Queensland Director of Public Prosecutions said today.
Deputy state coroner Christine Clements ruled in September that Senior Sergeant Chris Hurley hit 36-year-old Mulrunji Doomadgee and caused his fatal injuries on November 19, 2004, at the Palm Island police station.
Director of Public Prosecutions (DPP) Leanne Clare said today charges would not be laid against Sgt Hurley, who was stood down from operational duties while the DPP considered the coroner's findings.
Ms Clare said the evidence was not capable of proving Sgt Hurley was criminally responsible for Mr Mulrunji's death.
"I have carefully reviewed all of the evidence available to me," she said.
The island erupted into riots in November 2004 after an autopsy found Mr Mulrunji suffered four broken ribs, a ruptured liver and a ruptured portal vein in a watchhouse scuffle.
The police station, courthouse and the home of the officer in charge were set alight during the riots.
Ms Clare said Mr Mulrunji died from internal injuries caused "by a crushing force to the front of his abdomen" when he and Snr Sgt Hurley fell together through the open door of the police station.
She said autopsy results showed neither kicks nor punches caused his death.
"On the evidence, the fall is the only satisfactory explanation for the injuries identified by the doctors," Ms Clare said.
"In other words, the admissible evidence suggests that Mr Doomadgee's death was a terrible accident."
Ms Clare also found there was no basis to lay charges of perjury and assault against Snr Sgt Hurley.
She said her duties in examining the case were different to those of the coroner.
"This may lead to different views being reached in the same case, without questioning the processes and findings of the coroner," Ms Clare said.
"I know there has been a great deal of community anxiety about the case, however, the evidence speaks for itself.
"I ask everyone to take the time to consider what I have had to say and the legal reasons that compel it."
Ms Clare said privately met members of Mr Mulrunji's family in Townsville today before announcing her decision.
Sharon Brown
Manager
Business Development - Indigenous Programmes
Labour Market Strategies and Indigenous Employment Branch
Ph: 07 3223 1306 Mob: 0412 884 197
Fax: 07 3223 1268
visit us online at www.dewr.gov.au
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