Undoubtedly there are questions to be answered in the Palm Island tragedy and after reading Christine Clements findings some of these questions relate to police procedures but I think the debate is getting out of hand as the beying for Senior Sergeant Hurley’s blood gets louder and louder.

For out-of-staters Hurley is the senior policeman on Palm Island, a dysfunctional aborigine community of the coast near Townsville. He arrested a drunken aborigine and in the process was punched in the jaw. Hurley retaliated, a scuffle followed, the combatants fell on the floor and Doomadgee, the drunk, was eventually dragged into a cell where he subsequently died from internal bleeding occasioned by damage to his liver.

The Pathologist acknowledged the physical damage but found that the death was “aciidental”

Palm Island erupts. The Island was trashed, Hurley’s home was burnt down as was the police station and court house.

From Tony Koch in the Australian

More than 25 Palm Islanders were subsequently arrested for their part in the riot where the police station and courthouse building and police living quarters were burnt. Nobody was hurt in the riot. The alleged “riot leader” Lex Wotton, faces charges which could see him jailed for up to 20 years for the property damage.

True, nobody was hurt in the riots but the policemen inside were in fear for their lives albeit they eventually escaped unharmed. Tony’s use of “riot leader” Lex Wooton further downplays the civil disorder and dysfunction prevelant at the event.

How did he die? From the Inquest headed by Christine Clemments;

The liver was virtually completely ruptured- “… cleaved in two” in Dr Lampe’s words. The two halves of the liver were only connected by some blood vessels. The portal vein had an oval hole along its posterior surface measuring 1.5 by 0.7 centimetres which was along the line of the contusion extending through the soft tissue. There was localised haemorrhage to the pancreas adjacent to the peri-duodenal haemorrhage.

Both autopsies concluded that the cause of death was intra-abdominal haemorrhage, due to the ruptured liver and portal vein.

The Coroner stated there was no evidence of kicking and Hurley’s retaliatary punches caused little damage however the damage to the liver still remains. It is suggested that during the scuffle, when both combatants fell, that Hurley, a smidgeon over 200 cm and built accordingly, fell onto Doomadgees chest with his knee concentrating all his weight on the chest cavity and by extension this caused the death. Hurly denies falling on top of Doomadgee saying he fell to the left and Doomadgee to the right.

Doomadgee’s blood alcohol level was later found to be 292 mg/100mL (0.292) and I wonder if regularly sharing a carton and a half in one sitting (given in evidence) would cause some damage to the liver making it more susceptible to damage. I don’t know.

Christine Clements found Hurley had a case to answer. The case was reviewed by the QLD DPP who found that there was insufficient evidence to charge Hurley and the activists and Palm Islanders exploded again. The Queensland government panic and call another Inquest, this time by an out-of-stater who responds “correctly” and recommends Hurley be charged.

What value the State of Queenslands DPP now? Deliver a finding that the those involved don’t like and the Government can easily be forced to call in another opinion. What happens if Hurley is found not guilty of manslaughter, as is likely. Will the government ignore that verdict and find another court to hear the case again?

Viscous circle

Christrine Clemments is strongly of the opinion that Doomadgee shouldn’t have be arrested for drunkeness, in fact she believes none of them should be arrested. I’ve always been of the opinion that they are often arrested for the damage they might do to others and themselves whilst so drunk. It’s a fine and noble sentiment from the bench but fades in the face of a belligerant drunk intent on trouble and addressing perceived wrongs of the past.

Tony Koch makes much of the two subsequent suicides, one, a witness to the event and the other, Doomadgee’s son. Both unquestionably tragic but of little relevance to Hurley’s guilt or otherwise.

The opinion pages are full of people putting down on the Queensland Police for their treatment of aborigines. They do so from the comfort of their civil surroundings with no thought to the trauma of policing in these dysfunctional communities where death is a constant companion of drunken behaviour.

The Inquest raise a lot of questions that need urgent answers and Hurley’s actions throughout the incident appear to be unproffessional but proffessionalism isn’t just about the man; it is also about the training for policemen posted to these communities and support that the government should give them.

I don’t see a clear cut case of manslaughter and whereas the chances are that Hurley did cause the damage that killed Doomadgee it is going to be difficult to prove it wasn’t accidental and part way caused by Doomadgee himself entering into the frey.

The story will be around for a long time yet and I just hope that Hurley gets a fair trial.