Chris Hurley

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Chris Hurley is a Queensland Police officer, who is best known for his involvement with the death of an Australian Indigenous man Mulrunji Doomadgee in 2004. In 2007 Hurley was charged and acquitted of the death.

At the time of Mulrunji's arrest Chris Hurley was a Senior Sergeant and was working at Palm Island, Queensland. This was after a series of postings where he voluntarily worked in Indigenous communities.[1] According to peers Chris Hurley enjoyed assisting the Indigenous community and was well known for his work with Indigenous children.[2] In support of this, was the comments of Indigenous activist Murrandoo Yanner who advised that Chris Hurley wasn't a racist and the Indigenous communities that he had worked in "loved him."[3] Also in support of Hurley was his contributions to the Federal Parliamentary Standing Committee on Aboriginal and Torres Strait Islander Affairs.[4]

Media reports suggested that in the 2004 incident Chris Hurley assaulted Mulrunji causing his death. In an Australian national newspaper the situation was compared with the death of African Aborigine Steve Biko in Pretoria prison, South Africa in 1977. Police claimed Biko died of a hunger strike in spite of massive head injuries suggesting otherwise.[5]

After his trial Chris Hurley's brother, Tony Hurley lashed out at the media for their coverage which prior to the trial had suggested a racially motivated deliberate killing. He pointed out the stress that has been on his family with another brother suffering a heart attack as a result and advised that his elderly parents had kept their sanity due to prayer and support from family, friends, and well wishers.[6]

Contents

[edit] Death of Doomadgee

On November 19, 2004, Chris Hurley arrested a intoxicated Indigenous man named Mulrunji Doomadgee for swearing at a police officer, and took him to the Palm Island police station to have him charged with the offence of public nuisance.[1][7] Later that day, Mulrunji died in his police cell. In three police interviews after the death, Chris Hurley claimed that he was not aware of how Mulrunji could have died, although he gave evidence of having a struggle with Mulrunji just outside the watch house. This resulted in the pair falling off a stair into the building together. A witness later claimed that Hurley punched and kicked Hurley immediately after the fall. Hurley denied doing so and also explained that in the altercation he recalled kneeling beside Mulrunji shortly after the fall. A police witness stated that it looked like Hurley fell on top.[1]

An autopsy later confirmed that Mulrunji had died from a heavy impact causing a fatal internal wound, which severely ruptured his liver.[1]

[edit] Controversy over death

A coronial inquest was conducted into Mulrunji's death. At the inquest, Roy Bramwell testified that he had seen Hurley punch Mulrunji three times to the head and then kicked him.[1] Chris Hurley denied that he had punched and kicked Mulrunji and explained that in his altercation with Mulrunji he must have fallen on top of Mulrunji, rather than beside him. Deputy Coroner Christine Clements rejected Hurley's account and instead found that Hurley had in fact punched Mulrunji to the body, causing his death in the Palm Island watch house. Her report noted that kicking was ruled out by medical evidence.[1][8] Later, one of the medical witnesses who was questioned by the Coroner at her inquest, testified as a prosecution witness at trial where he stated that he couldn't completely rule out the possibility of punching "but there isn't any evidence to support that proposition".[9] The Deputy Coroner also recommended that charges be formally made against Hurley.[1]

In spite of the coroner's view, Leanne Clare, the Director of Public Prosecutions, decided that Chris Hurley should not be charged, describing Doomadgee's death as "a terrible accident."[10][11] While making the decision she reportedly obtained advice from former Supreme Court Judge James B. Thomas.[12]

The Crime and Misconduct Commission (CMC) received complaints about the matter and launched an investigation. They were required to consider whether Chris Hurley wrongfully caused the death of Mulrunji thus requiring disciplinary proceedings for misconduct. The CMC's conclusion was identical to the DPP. They advised "...no disciplinary action before the Misconduct Tribunal or by the Queensland Police Service can be taken against the police officer in relation to the cause of death..."[13]

The DPP decision infuriated the Queensland Indigenous community,[14] and led to riots and a public outcry over the death. This outcry resulted in the Queensland government arranging for an independent review of Clare's decision. The review, conducted by Sir Lawrence Street, upheld the Deputy Coroner's view that charges should be laid against Chris Hurley. As a result, Chris Hurley was committed to stand trial for Mulrunji's death. This decision incensed the Queensland Police Union, which had called the entire matter a witch-hunt[15] The Union later released advertisements against the Beattie Queensland government, comparing the government to Robert Mugabe and his government[16]. More specifically the ad stated: "Zimbabwe is a good example of what could happen where politicians override the laws to suit themselves." This referred to the claim by the Queensland Police Union that governmental initiation of a review of the DPP decision amounted to political interference in the justice system. By contrast, journalist Tony Koch, won the Graham Perkin Australian Journalist of the Year award for relevant reports in The Australian newspaper and in particular the resulting effective contribution he made to the public outcry. In providing the award the judges commended his reporting as "courageous, relentless and effective".[17] An early article he wrote gave unretracted allegations that Mulrunji's face looked like it was beaten beyond recognition[18] even though this was later contradicted by medical evidence in the coroner's report (the only visible injury to the face was a small cut above an eye). His article comparing Hurley with the police who killed Steve Biko referred to above was published just weeks after the DPP decision.[19]

Another controversial aspect of the case was the decision to arrest Mulrunji at all. The Royal Commission into Aboriginal Deaths in Custody had recommended alternatives to placing Indigenous people in custody when they were drunk and disorderly to help avoid deaths in custody. Approximately a year prior to the arrest Chris Hurley made submissions to the Federal Parliamentary Standing Committee on Aboriginal and Torres Strait Islander Affairs. In his submissions he noted that Palm Island lacked an alcohol diversionary centre and complained "If we attend a job in relation to alcohol where the person has not committed any other offences besides being drunk in public, the only option we have is to take them to the watch-house." [20] Given, the findings of the Royal Commission in the 1980s the Coroner scathingly noted that Hurley should not have arrested Mulrunji. She attributed this arrest to local police not learning from the Commission's findings.[1]

[edit] Trial for manslaughter

Finally, the matter proceeded to trial in the Supreme Court of Queensland. Sgt Hurley personally testified at trial, explaining to the jury that he had not meant to harm or kill Doomadgee and that the fatal wound must have been delivered when Hurley accidentally fell on Doomadgee during a struggle with him. Chris Hurley was “six feet seven inches tall” (200.66 centimetres) with a proportionate build and Mulrunji was 181 centimetres tall and weighed 74 kilos and all medical witnesses believed that Mulrunji's injuries could be explained if Chris Hurley fell on top of Mulrunji[1] After a public funded investigation and prosecution lasting over 2 years and costing at least $7 million[21] (a privately funded private investigator also conducted investigations[22]) a jury acquitted Hurley of all charges, resulting in his immediate reinstatement into the police force.[23] Chris Hurley currently is working at the Gold Coast Regional Headquarters of the Queensland police.[24]

[edit] References

  1. ^ a b c d e f g h i Ms Christine Clements, Acting State Coroner (2008-09-27). Inquest into the death of Mulrunji (pdf). Coroner’s Court, Palm Island & Townsville. Retrieved on 2008-06-06.
  2. ^ Editorial. "Solidarity for Hurley", Gold Coast Bulletin, 31 January 2007. 
  3. ^ Koch, Tony. "Yanner's bitter dilemma", The Weekend Australian, 11 December 2004, p. 1 and 4. 
  4. ^ Interest in black deaths in custody renews, ABC News, 7.30 Report, 15 December 2004
  5. ^ Palm Case 'like Biko', The Australian, Tony Kcch, 30 December 2006.
  6. ^ 'Stress caused Hurley brother heart attack, Brisbane Times, AAP,Fairfax Digital, 31 August 2007.
  7. ^ [1]
  8. ^ [2]
  9. ^ Pathologist gives evidence in Palm Island death case, ABC News, 13 June 2007.
  10. ^ [3]
  11. ^ [4]
  12. ^ DPP had second opinion, Courier Mail, 31 January 2007
  13. ^ "Queensland Police Service Commissioner's statement re Senior Sergeant Hurley death", 14 December 2006. Retrieved on 2007-03-20. 
  14. ^ [5]
  15. ^ [6]
  16. ^ [7]
  17. ^ "Our man wins Journalist of the Year award", The Weekend Australian, 24 March 2007, p. 1 and 2. 
  18. ^ Koch, Tony. ""Injuries left Palm body `unrecognisable', activist says", The Australian, 13 December 2004, p. 5. 
  19. ^ "Timeline: The death of Mulrunji Doomadgee", 20 June 2007. Retrieved on 2007-06-21. 
  20. ^ Interest in black deaths in custody renews, ABC News, 7.30 Report, 15 December 2004.
  21. ^ Gregory, Jason. "PALM ISLAND DEATH PROBE TOPS $7M", The Courier Mail, 25 June 2007, p. 6. 
  22. ^ "Timeline: The death of Mulrunji Doomadgee", 20 June 2007. Retrieved on 2007-06-21. 
  23. ^ [8] [9]
  24. ^ [10]