Lawyer bias claim at Doomadgee inquest
11.03.2010
By: TONY KOCH
A KEY police witness to the alleged watchhouse bashing of Palm Islander Mulrunji Doomadgee admitted yesterday his representation by the same lawyer who acted for a colleague later charged over the death could be seen as ``bias''.
Constable Kristopher Steadman told the reconvened inquest into Doomadgee's 2004 death that solicitor Glen Cranny, a partner in the Brisbane firm Gilshennan and Luton, was present when he gave his first version of the incident to Crime and Misconduct Commission investigators.
The inquest was told Mr Cranny had also been engaged by the Queensland Police Union to act for Senior Sergeant Chris Hurley, who arrested and scuffled with Doomadgee at the local lockup.
Andrew Boe, for the Doomadgee family, yesterday asked Constable Steadman if it seemed ``inappropriate'' for lawyers acting for ``the subject of inquiry to also be acting for you''.
Constable Steadman replied: ``Yes, when you look at the intricacies and evidence and what has happened over the five years -- yes, there could have been some sort of bias.''
The inquest later heard Mr Cranny had represented several police witnesses during the initial inquest in 2005 and 2006, but was retained to represent only Sergeant Hurley after deputy coroner Christine Clements recommended he be charged with manslaughter.
Constable Steadman said he had refused to assist Crown prosecutors in June 2007, after Sergeant Hurley was charged with a criminal offence, unless and until he was directed to do so by Police Commissioner Bob Atkinson.
In his career that was the only occasion on which he had adopted that course, he said. He had done so on the advice of the Queensland Police Union, and because the accused was a fellow police officer.
Constable Steadman also confirmed that prior to the manslaughter trial -- at which Sergeant Hurley was acquitted by a Townsville jury -- he had met counsel representing the accused officer.
Counsel assisting the coroner, Ralph Devlin SC, yesterday played for the inquest a tape recording of the interview given by Constable Steadman to the CMC on December 8, 2004, at which Mr Cranny was present.
On the tape Mr Cranny is heard to ask that Constable Steadman clarify or correct a statement that a fall involving Sergeant Hurley and Doomadgee at the watchhouse ``didn't look like a heavy'' one.
Mr Cranny is heard to say: ``Did you say `did' or `didn't' appear to be a heavy fall?'' Constable Steadman replies: ``Oh, it was a heavy fall.''
Constable Steadman, in response to Mr Boe's questioning yesterday, said he did not feel he needed legal representation, but accepted what was offered by the police union. He said he had not paid any legal accounts.
``You simply accepted arrangements put in place as to who would be representing you at the inquest?'' Mr Boe said.
Mr Steadman replied: ``Yes.''
The inquest before Deputy Chief Magistrate Brian Hine is expected to end tomorrow after evidence from Sergeant Hurley.
