Back in October, I wrote a story on the findings of the Queensland Acting Coroner on the death of Indigenous man Mulrinji in police custody at Palm Island. The DPP, Leanne Clare, has now decided not to proceed with charges. Ken Parish has an excellent post up about this at Troppo.
This isn’t the first time DPP Leanne Clare has made a controversial decision not to pursue charges in a high profile case. She elected not to proceed against swim coach Scott Volkers in 2004 after he had already been committed to stand trial on charges of indecet dealing involving an under-age female swimmer in his care (although the evidence was later re-examined by NSW DPP Nicholas Cowdrey, who concurred with the decision to withdraw the charges). It’s not even the first time Clare has controversially refused to pursue charges in a case involving the killing of an Aboriginal person in questionable (at the very least) circumstances. On the other hand, Clare enthusiastically pursued utterly misconceived charges against Pauline Hanson and former Queensland Chief Magistrate Di Fingleton. Both convictions were thrown out on appeal.The Beattie government re-appointed Clare as DPP for a further term of three years in June 2005 despite all these controversies. Then Opposition Leader Lawrence Springborg criticised the decision, somewhat hypocritically one might suggest given the federal Coalition’s prominent role in fitting up Pauline Hanson. I don’t imagine the Opposition will be protesting too loudly at this decision by Leanne Clare. Like Beattie, they won’t want to antagonise the powerful police union.
You could hardly blame Palm Islanders for concluding that nothing has really changed in the Queensland justice system since the Bjelke Petersen days and earlier.
Update: Andrew Bartlett writes:
It is not for me to dispute the reasoning behind the DPP’s decision, but you don’t need to be Einstein to know that the failure to charge a police officer found by a Coroner to have caused the death of an Aboriginal man will look very much like white man’s justice.
Just last week, an appeal Court decided to extend the jail sentences of Aboriginal men involved in the riots after the death in custody, in part because the Judges decided “there was a need for a message to be sent to deter similar behaviour.�
It is pretty obvious what sort of message the residents of Palm Island – and Indigenous people throughout Queensland – will get from the DPP’s decision, particularly when it is combined with harsher sentences for those convicted of rioting in response to the flawed initial investigations. Not to mention combining it with the history over more than a century of a justice system that has repeatedly failed to protect Indigenous people.
David Jackmanson has posted lots of links and commentary.
Very strange for people to be telling us on the news tonight to accept the umpire’s decision, when the Police Union’s entry was scratched at the barrier and never even made it into the race.
I take it that the DPP’s decision means that two of the umpires, the Coroner and the Court process have been nobbled. Once justice had to be done and seen to be done – both went out the window here.
This is unbelievable. There has to be an appeal to this decision and Beattie has to let it happen. Spence’s comments were gutless today, muttering about the method of arrest and the inappropriate dealings between Hurley and those investigating him.
Judy Spence was completely hopeless and an utter disgrace even before this decision. She’s completely in the pockets of the Police Union. About the only thing she’d be good for is being a target on a rifle range
The most reasoned case I’ve come across so far defending – or at least grudginly accepting – the DPP’s decision is here.
While I appreciate the reasoned tone, I still disagree.
Hurley should at least be made to face a trial and hire a defence lawyer. If he’s going to get away with it, make sure he has to do it in public, I think.
Perhaps a civil case?
Adrian Walker spoke at a rally on November 18th and insisted that black people need to ‘police the police’ – literally follow them around and monitor them.
Interesting thought.
Everyone:
Heard the radio broadcast of DPP Leanne Clare – was there a touch of anger in her voice? I don’t know.
Accidental death caused by a fall? It may have been just that …. but even so there were other aspects of the case that needed legal attention. Worse yet, I heard nothing at all broadcast by anyone having authority in this case yesterday expressing sorrow over the death of a fellow citizen.
A witch-hunt against an individual police officer might make some people feel terrific but it won’t do a damned thing to stop similar tragedies happening again and again. Nor will boring police with warm-and-fuzzy training sessions that are unrelated to the realities of what is out there on the job do any good either. What is needed is a hard look at training …. and an even harder look at the laws the police are called on to enforce.
Wonder if parliamentarians can be charged with manslaughter for passing ill-considered laws that lead to deaths?
Nope, no underlying racism here.
you were right mark, in your october post you wrote –
“It’s likely that different evidentiary standards between an inquest and a criminal trial will see the DPP not proceed with charges”.
we also know that if Hurley had died in the “fall together”, Mulrinji would have been charged immediately, even if the charge was later reduced to wrongful death or something – there is not a snowflake’s chance that he would not have been banged up for at least a decade, from that very day.
There was always a prospect that the different evidentiary burden might have made a prosecution difficult to sustain. If that was the only reason given, it might have been harder to accept in a legal sense. But I find it very perplexing that the DPP didn’t just rely on this reason, but also felt able to say with apparent certainty that the death was just a ‘tragic accident’ that couldn’t have been caused by assault.
And of course, Jo’s scenario is well worth reminding people of. Every indigenous person in Qld knows it, and they also know that if they end up police custody, as a large percentage of them do at one stage or another, including for trivial offences, they cannot consider themselves safe. Not a good recipe for social stability.
an example of the scenario Jo described above, from the Aboriginal community of Doomadgee – fortunately not involving a death. (taken from the site of the Errol Wyles Justice Foundation)
The DPP was also over – ridden by the former AG (just before she resigned through illness) with the suggestion of a deal to bring back Patel of Bundaberg hospital notoriety. This deal was later described by the Premier in parliament as ‘Corrupt’ and ’sleazy’.
That “accidental death caused by a fall” story is a fine old tradition in all the Australian Police forces. Just ask Neil Collingburn.
In this case the traditional accidental fall was particularly bizarre.
On Wednesday, December 20, at midday in Queens Park, Brisbane City, there will be a rally to insist that DPP Clare be dismissed, and S/Sgt Hurley be charged.
Queens Park is on the corner of Elizabeth and George Sts, behind the casino and across George St from Casino Towers.