Palm officer paid triple items' value
29.05.2008
By: Sean Parnell, FOI editor
THE controversial Queensland policeman given a $100,000 government payment to replace property he claimed to have lost in the Palm Island riots listed its value with insurers at just $35,000.
It was unclear last night whether the insurance company paid the claim, which Senior Sergeant Chris Hurley told the Queensland Police Service he was submitting, although its policies covered riots.
As well as asking for the government payment after lodging a claim with his insurers, a public appeal by the Queensland Police Union took donations to help cover his losses.
The union has refused to comment on its appeal.
The 2004 riot was sparked by the release of autopsy results that revealed Cameron Doomadgee, known in death as Mulrunji, died of ``an intra-abdominal haemorrhage caused by a ruptured liver and portal vein'' after being arrested by Sergeant Hurley.
Sergeant Hurley was last year found not guilty of manslaughter and assault, but now faces a civil claim from Doomadgee's family.
Documents obtained by The Australian using Freedom of Information laws show Sergeant Hurley totalled his losses, out of a fire that destroyed a police residence containing his property during the riot, at $102,955.
While Sergeant Hurley had no receipts, and offered to sign a statutory declaration, the QPS took him on his word and gave him the requested amount of ``loss of property compensation'' three months after Doomadgee's death.
The payment came shortly before the start of a coronial inquest into the death in custody, which would find Sergeant Hurley caused his fatal injuries. Sergeant Hurley disputes this finding.
It has now emerged Sergeant Hurley also had contents insurance with CGU valued at $34,419 and advised the QPS he had lodged a claim.
Police Commissioner Bob Atkinson yesterday said he understood the policy was void if the losses were caused by a riot. ``So we felt we had a duty of care to him in the reimbursement,'' Mr Atkinson told reporters.
While CGU would not comment on the specific case last night, a spokesman contradicted Mr Atkinson on the extent of the company's contents insurance.
``CGU's standard home insurance policies in 2004 covered buildings or contents for loss or
damage as a result of riots, civil commotions, industrial or political disturbances,'' the spokesman said.
Sergeant Hurley's lawyer Glen Cranny did not return calls last night but has previously declined to comment.
Union president Cameron Pope refused to say how much had been raised for the officers.
``We do not intend to publicly disclose the amount of money donated to the Queensland Police Union of Employees Palm Island Fund and subsequently distributed to the officers who had their property destroyed by the Palm Island rioters,'' he said.
The other 10 officers who lost property in the fire received $17,579.90 in total from the QPS and would also have benefited from the appeal.
While the QPS was aware of the appeal, and considered cost recovery should Sergeant Hurley benefit, a police spokeswoman said no attempt had been made to recover any money as a result of third party payments.
``The QPS compensation to Senior Sergeant Hurley was based on the duty of care to compensate an officer who lost his personal possessions as a direct consequence of his role as a Queensland police officer,'' she said. ``In the commissioner's view, the suggested cost recovery would not have been viable or had any legal basis.''
Mr Atkinson said he did not believe it was unusual for Sergeant Hurley, who owns a Gold Coast house and a beachfront unit, to have had more than $100,000 in belongings on Palm Island. ``He had 17 years ... in the police department and much of that had been spent on Aboriginal communities,'' he said.
``He had collected, you know, quite a few possessions. So in the circumstances, no, I don't think that was unreasonable at all.''
The average sum of household contents insured by singles, couples and families of all socioeconomic levels is $70,000.
Palm Island mayor Alfred Lacey yesterday raised the lack of compensation for residents whose property was damaged by police. Civil libertarian Terry O'Gorman said Doomadgee's partner, Tracey Twaddle, was more deserving of compensation than Sergeant Hurley.
``He lost his property, she lost her life partner,'' he said. ``He's entitled to his payout. She clearly is more than entitled to a payout for the loss of her partner.''
