Open Palm Is finding urged
07.04.2010



By: TONY KOCH

Most of the circumstantial evidence against Chris Hurley is suspect, it is claimed

THE coroner investigating the 2004 death in custody of Palm Island Aborigine Mulrunji Doomadgee is being encouraged to deliver an ``open finding'' -- that arresting officer Senior Sergeant Chris Hurley did not deliberately injure him but that it was not ``an accident''.
Ralph Devlin SC and Mark Le Grand, counsel assisting Coroner Brian Hine, said in a written submission it was not possible to make a positive finding against Sergeant Hurley that he applied deliberate force to Doomadgee after they fell on the concrete floor of the police station.
Their submission, and that of other counsel at the inquest, was also critical of the part played by the Queensland Police Union, especially regarding them arranging the same legal representation for all police witnesses, including Sergeant Hurley.
Mr Devlin wrote that much of the circumstantial evidence against Sergeant Hurley was ``suspect, or highly qualified'' and did not provide ``the necessary certainty'' (to make a finding of deliberate application of force).
He added: ``On the other hand there is sufficient compromising material to deny the possibility of a positive finding that what occurred in the corridor of the police station was an accident.''
Sergeant Hurley has consistently denied he deliberately punched or ``knee-dropped'' Doomadgee after they fell on the concrete floor.
An autopsy revealed Doomadgee sustained facial bruising, four broken ribs, and his liver was so damaged it was cleaved almost in two. Sergeant Hurley was charged with manslaughter but in June 2007 was found not guilty by a Supreme Court jury in Townsville.
He took court action to overturn the findings of the original coroner, Christine Clements, that he was ``responsible'' for the death of Doomadgee. He sought an ``accidental'' finding.
In June 2009, the Queensland Court of Appeal agreed with a District Court ruling that Ms Clements's ruling be set aside, but ordered the inquest be reopened to establish how Doomadgee died.
Evidence was taken on Palm Island and in Townsville last month, and Coroner Brian Hine is expected to decide soon.
Support for an ``open finding'' was echoed by Alan MacSporran SC, counsel for Police Commissioner Bob Atkinson.
Mr MacSporran wrote that there were two findings open to the Coroner -- that he accepts Sergeant Hurley's evidence and rejects other related evidence as unreliable, therefore making a finding of ``accidental application of force'' possible.
``The second and more likely finding is that the Coroner could not to the requisite standard make a finding as to how Mulrunji died. On that basis it is submitted that the court could make an open finding.''
Counsel representing the Doomadgee family and the Palm Island council, barrister Andrew Boe, was much stronger, urging the Coroner to find that Sergeant Hurley deliberately applied force which resulted in Doomadgee's death.
However, Sergeant Hurley's counsel, Steve Zillman, wrote that the Coroner should find that the injuries were ``accidentally caused'' and ``in the event that the court is not so persuaded, the only other conclusion is that Your Honour would not be able to make a finding one way or the other''.