Collusion' in Doomadgee probe
08.02.2010
By: TONY KOCH
THE appointment of police who knew or were friends of Senior Sergeant Chris Hurley to investigate the 2004 death of Mulrunji Doomadgee in custody on Palm Island, where he was the arresting officer, allowed ``the perception of collusion'', according to counsel assisting the coroner investigating the death.
As well, Ralph Devlin SC, in his written submission following the conclusion of oral evidence, has encouraged Coroner Brian Hine to include in his findings comments condemning the conduct of the Queensland Police Union in the investigation.
This proposal has been supported in submissions by Peter Davis, for the Attorney-General, and barrister Andrew Boe, for the Palm Island council and Doomadgee family.
Mr Devlin wrote that the appointment as investigators of police who knew Sergeant Hurley was ``unsatisfactory and inappropriate and undermined the credibility of the investigation and its appearance of independence and impartiality''.
``The conduct of investigating officers and Senior Sergeant Hurley during the first day of the investigation exacerbated this problem, in particular the perception of collusion, in apparent disregard of the police operational procedures manual (OPM),'' the document said.
``We submit that much was lost in terms of the integrity of this investigation in the initial phases, before the direct involvement of the Crime and Misconduct Commission. However extensive and careful any process of review, there is no substitute for the immediate preservation of the crime scene and the faithful recording of the initial and uncontaminated observations and recollections of the direct witnesses.
``These investigative opportunities were substantially lost or
at least compromised in this case.''
Sergeant Hurley was charged with Doomadgee's 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, and has sought an ``accidental'' finding.
A court last year ordered the inquest to be reopened to establish how Doomadgee died.
Addressing the inappropriateness of the QPU appointing one lawyer to represent all police witnesses, including Sergeant Hurley, Mr Devlin wrote: ``Clearly, once it was known that there had been a violent confrontation between Hurley and Mulrunji and that Mulrunji had died in custody shortly thereafter, the focus of any investigation was likely to be on the actions of Hurley.
``From the point of view of the administration of justice, Hurley and the other police officers should have been separately represented to ensure, in line with the police OPM, that the integrity of independent versions of members directly involved and members who are witnesses to a police-related incident is preserved as far as practicable.''
