Hurley charged with manslaughter
06.02.2007
By: Kevin Meade, Tony Koch
MANSLAUGHTER and assault charges were yesterday laid against the policeman at the centre of the Palm Island death-in-custody case as the split between the Queensland police union and Peter Beattie deepened.
In an unprecedented appearance in the Brisbane Supreme Court yesterday, Senior Sergeant Chris Hurley became the first policeman in Australian history to be charged over the death of a prisoner in custody.
As Sergeant Hurley was charged with manslaughter and assault over the death in custody of Mulrunji Doomadgee, on Palm Island in November 2004, his brother, Senior Sergeant Tony Hurley, addressed 500 police on the Sunshine Coast.
The meeting passed a vote of no confidence in the Queensland Premier over the leaking of details from Laurence Street's independent report into the case, which recommended the charges against Sergeant Chris Hurley.
The state Opposition claims the leak would jeopardise his ability to get a fair trial.
Sergeant Hurley wore civilian clothes as he appeared in court to face the charges.
Prosecutor Peter Davis SC told the court the trial was expected to take two weeks.
Judge Kerry Cullinane granted Sergeant Hurley bail on his own undertaking and remanded him to reappear in the Townsville Supreme Court for mention on March 16.
The decision to charge Sergeant Hurley has angered police, who have held protest meetings across the state and have vowed to march on the Queensland Parliament.
Queensland Police Union vice-president Denis Fitzpatrick said Sergeant Hurley ``was holding up quite well considering the circumstances''.
He said that although the prosecution had begun, police would continue their ``fight'' with the Beattie Government and would continue to campaign for more police personnel and
better video surveillance in watchhouses.
Mr Fitzpatrick said police were still considering a protest march on parliament, which resumes today.
The ex-officio indictment against Sergeant Hurley was executed after Queensland Attorney-General Kerry Shine used special powers to issue the proceedings following a report by Sir Laurence, a former NSW chief justice.
Sir Laurence's recommendation of charges was at odds with the finding of state Director of Public Prosecutions Leanne Clare that there was not enough evidence to charge Sergeant Hurley.
She ruled Doomadgee's death was a ``tragic accident''.
Ms Clare's finding sparked a public outcry from lawyers, indigenous leaders and the Doomadgee family, which led to the second opinion by Sir Laurence.
Doomadgee, a 36-year-old Palm Island resident, suffered massive internal injuries in the Palm Island police station after being arrested.
Medical evidence suggests that Doomadgee had suffered four broken ribs and a ruptured liver. He died about 20 minutes later in the police cell.
Sergeant Hurley is expected to vigorously defend the charges.
