Comments on: What's with the Queensland DPP? http://larvatusprodeo.net/2006/12/14/whats-with-the-queensland-dpp/ Life, Culture and Politics from BrisVegas Tue, 14 Feb 2012 05:46:15 +0000 hourly 1 http://wordpress.org/?v=3.3 By: David Jackmanson http://larvatusprodeo.net/2006/12/14/whats-with-the-queensland-dpp/#comment-289560 David Jackmanson Fri, 15 Dec 2006 23:27:55 +0000 http://larvatusprodeo.net/2006/12/14/whats-with-the-queensland-dpp/#comment-289560 On Wednesday, December 20, at midday in Queens Park, Brisbane City, <a href="http://letstakeover.blogspot.com/2006/12/mulrunjis-killer-will-not-be-charged.html" rel="nofollow">there will be a rally to insist that DPP Clare be dismissed, and S/Sgt Hurley be charged.</a> Queens Park is on the corner of Elizabeth and George Sts, behind the casino and across George St from Casino Towers. 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.

]]> By: Gummo Trotsky http://larvatusprodeo.net/2006/12/14/whats-with-the-queensland-dpp/#comment-289559 Gummo Trotsky Fri, 15 Dec 2006 19:03:09 +0000 http://larvatusprodeo.net/2006/12/14/whats-with-the-queensland-dpp/#comment-289559 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. 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.

]]> By: steve http://larvatusprodeo.net/2006/12/14/whats-with-the-queensland-dpp/#comment-289558 steve Fri, 15 Dec 2006 11:35:09 +0000 http://larvatusprodeo.net/2006/12/14/whats-with-the-queensland-dpp/#comment-289558 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'. 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’.

]]> By: Andrew Bartlett http://larvatusprodeo.net/2006/12/14/whats-with-the-queensland-dpp/#comment-289557 Andrew Bartlett Fri, 15 Dec 2006 02:53:19 +0000 http://larvatusprodeo.net/2006/12/14/whats-with-the-queensland-dpp/#comment-289557 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 <a href="http://errolwyles.org/CurrentCampaigns.aspx" rel="nofollow">Errol Wyles Justice Foundation</a>) <blockquote>Shane McNamee is a mentally handicapped, partially blind and deaf, 19-year old Aboriginal boy who suffered serious injuries following his arrest for possession of alcohol in a ‘dry’ zone in the town of Doomadgee, in the Gulf of Carpentaria. While detained in custody, Shane suffered facial injuries so severe that his left eye was swollen shut. There is evidence to suggest that up to three Doomadgee Police Officers were involved in causing the injury to Shane McNamee whilst he was in custody. A Queensland Crime and Misconduct Commission (“CMCâ€?) report established that there was evidence to support the laying of assault charges against Shane’s main police assailant, Senior Constable Malthouse. That report also noted evidence that Police may have covered up their failure to seek medical attention for Shane whilst he was lying injured in his cell. Shane - not the police - is currently facing charges arising out of the events surrounding his arrest, charges based upon the evidence of those police officers that were present on the night and allegedly assaulted him.</blockquote> 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)

Shane McNamee is a mentally handicapped, partially blind and deaf, 19-year old Aboriginal boy who suffered serious injuries following his arrest for possession of alcohol in a ‘dry’ zone in the town of Doomadgee, in the Gulf of Carpentaria. While detained in custody, Shane suffered facial injuries so severe that his left eye was swollen shut. There is evidence to suggest that up to three Doomadgee Police Officers were involved in causing the injury to Shane McNamee whilst he was in custody.

A Queensland Crime and Misconduct Commission (“CMCâ€?) report established that there was evidence to support the laying of assault charges against Shane’s main police assailant, Senior Constable Malthouse. That report also noted evidence that Police may have covered up their failure to seek medical attention for Shane whilst he was lying injured in his cell.

Shane – not the police – is currently facing charges arising out of the events surrounding his arrest, charges based upon the evidence of those police officers that were present on the night and allegedly assaulted him.

]]> By: Andrew Bartlett http://larvatusprodeo.net/2006/12/14/whats-with-the-queensland-dpp/#comment-289556 Andrew Bartlett Fri, 15 Dec 2006 02:44:40 +0000 http://larvatusprodeo.net/2006/12/14/whats-with-the-queensland-dpp/#comment-289556 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. 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.

]]> By: jo http://larvatusprodeo.net/2006/12/14/whats-with-the-queensland-dpp/#comment-289555 jo Thu, 14 Dec 2006 23:18:37 +0000 http://larvatusprodeo.net/2006/12/14/whats-with-the-queensland-dpp/#comment-289555 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. 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.

]]> By: Phil http://larvatusprodeo.net/2006/12/14/whats-with-the-queensland-dpp/#comment-289554 Phil Thu, 14 Dec 2006 21:19:29 +0000 http://larvatusprodeo.net/2006/12/14/whats-with-the-queensland-dpp/#comment-289554 Nope, no underlying racism here. Nope, no underlying racism here.

]]> By: Graham Bell http://larvatusprodeo.net/2006/12/14/whats-with-the-queensland-dpp/#comment-289553 Graham Bell Thu, 14 Dec 2006 20:49:31 +0000 http://larvatusprodeo.net/2006/12/14/whats-with-the-queensland-dpp/#comment-289553 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? 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?

]]> By: David Jackmanson http://larvatusprodeo.net/2006/12/14/whats-with-the-queensland-dpp/#comment-289552 David Jackmanson Thu, 14 Dec 2006 15:14:40 +0000 http://larvatusprodeo.net/2006/12/14/whats-with-the-queensland-dpp/#comment-289552 The most reasoned case I've come across so far defending - or at least grudginly accepting - the DPP's decision is <a href="http://drjon.livejournal.com/702037.html?thread=2621013#t2621013" rel="nofollow">here</a>. While I appreciate the reasoned tone, I still disagree. Hurley should at least be made to <i>face</i> 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? <a href="http://www.flickr.com/photos/djackmanson/301561261/in/set-72157594383681769/" rel="nofollow">Adrian Walker</a> 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. 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.

]]> By: michael http://larvatusprodeo.net/2006/12/14/whats-with-the-queensland-dpp/#comment-289551 michael Thu, 14 Dec 2006 13:01:18 +0000 http://larvatusprodeo.net/2006/12/14/whats-with-the-queensland-dpp/#comment-289551 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 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

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