2004 Palm Island death in custody: Difference between revisions

Revision as of 01:53, 21 June 2007

Revision as of 01:55, 21 June 2007

Line 127:

==Criminal prosecution of Senior Sergeant Chris Hurley==

Leanne Clare, the Queensland [[Director of Public Prosecutions]] (DPP), announced on 14 December 2006 that no charges would be laid as there was no evidence proving Sergeant Chris Hurley was responsible for the Mulrunji's death.<ref>[http://news.bbc.co.uk/1/hi/world/asia-pacific/6178575.stm No charges over Aborigine death], [[BBC News]], [[14 December]] [[2006]].</ref> She reportedly received advice from former Supreme Court Judge [[James B Thomas]] before making this decision.<ref>[http://www.news.com.au/couriermail/story/0,23739,21146124-5007200,00.html DPP had second opinion], [[Courier Mail]], [[31 January]] [[2007]].</ref> After several days of media and public pressure, Queensland state Premier [[Peter Beattie]] appointed retired justice Pat Shanahan to review the DPP's decision not to lay charges against the police officer, but Shanahan resigned after it was revealed he had sat on the panel that originally appointed DPP Leanne Clare in 1999.<ref name ="Shanahan COI">{{cite news |title=Palm Island judge quits over conflict of interest|date=[[27 December]],[[2006]]|url=http://www.smh.com.au/news/national/palm-island-judge-quits-over-conflict-of-interest/2006/12/27/1166895341662.html|publisher=[[The Sydney Morning Herald]], [[Australian Associated Press]]|accessdate=2007-01-24 }}</ref> Prime Minister [[John Howard]] commented on the situation, saying it would be a "good idea" to appoint someone from outside Queensland.<ref name="Howard2006"> {{cite news |title= PM 'understands' Palm Island anger | url=http://www.theage.com.au/news/National/PM-understands-Palm-Island-anger/2006/12/31/1167499999157.html | publisher=[[The Age]], [[Australian Associated Press]] | date=[[31 December]] [[2006]]|accessdate=2007-01-24}}</ref> Former Chief Justice of the [[Supreme Court of New South Wales]], Sir [[Laurence Street]], was selected to review the decision not to charge Chris Hurley over the death of Mulrunji.<ref name ="Street 07">{{cite news |title = Street seeks island 'feeling'|url =http://www.news.com.au/couriermail/story/0,23739,21051129-3102,00.html | publisher = [[The Courier-Mail]] | date= [[12 January]] [[2007]] |first = Emma |last = Chalmers | coauthor= Odgers, Rosemary | accessdate = 2007-01-24 }}</ref> The review resulted in the overturning of the DPP's decision, with Street finding there was sufficient evidence to prosecute Chris Hurley with manslaughter.<ref>{{cite news|title=Policeman to be charged over Palm Island death|url=http://www.abc.net.au/news/newsitems/200701/s1834259.htm|publisher = [[Australian Broadcasting Corporation|ABC Online]] | date=[[26 January]] [[2007]]|accessdate=2007-01-30}}</ref> The [[Townsville, Queensland|Townsville]] based trial of Chris Hurley on charges of assault and manslaughter took place in June 2007.<ref>{{cite news|title=Relations have improved: Beattie|url=http://www.brisbanetimes.com.au/news/queensland/relations-have-improved-beattie/2007/05/27/1180205065800.html|publisher = [[Australian Associated Press]] | date=[[27 May]] [[2007]]|accessdate=2007-05-28}}</ref> Chris Hurley was found not guilty.<ref>{{cite news|title=Palm Island officer not guilty|url=http://www.smh.com.au/news/national/palm-island-officer-not-guilty/2007/06/20/1182019160877.html|publisher = [[Sydney Morning Herald]] | date=[[20 June]] [[2007]]|accessdate=2007-06-20}}</ref> The media portrayal of a guilty man being let off by the DPP that led to the further tragedy of Mulrunji's son committing suicide was not the reality as determined by a jury.

==Disciplinary prosecution of Senior Sergeant Chris Hurley==