Another unjust Doomadjee outcome

by ray jackson

the cmc and qld. police actions have again brought about an unjust outcome
for the doomadgee family, the palm island community and justice supporters
around australia and the world. the outcome, i would argue, is without
surprise as the state power brokers pulled every legal stunt possible to
slow the cmc from its course, even to the point of the six officers
involved
in the study taking their own commissioner to court stating he could not
discipline them as he was biased. more whizz and somersaults than
ringling's
circus.

Sgt Hurley is now an acting inspector on Queensland's Gold Coast. One of
the
officers involved in the investigation - which the coroner, Brian Hine,
found riddled with lies - has also been promoted. Another has retired on
medical grounds; a third is on unpaid leave. The other three are still in
the Queensland force. i wonder where in this list lies then-d/s darren
robinson sits?

it beggars belief and commonsense that now retired deputy commissioner
kathy
rynder could find nothing of worth among the multiple charges against the
six that warrented nothing more than 'managerial advice', thus tying the
hands of the cmc to prosecute the six officers themselves.

i would find it passing strange if the power brokers involved - the bligh
govt., the qld police and their union and even the cmc - were unaware of
the
'loophole' that would allow the six officers to be treated very generously
for their crimes, and they are crimes. for starters they all breached
their
own bible, the commissioners instructions besides other rules and laws.

i would not be surprised if another sweetheart deal has been agreed to
whereby these six are allowed to move on and then the govt. changes the
laws
of the cmc to close the loophole. perhaps the govt, under pressure from
the
police and the union, will do nothing. there are many perhaps, as there
always is in police matters.

there is enough evidence to charge robinson, if not the other five, with
what i would consider would be viewed by any dpp worth his wage as crimes
of
some import. and what are these crimes? not alleged crimes but crimes
already discussed in the three coronial inquests and/or common knowledge
and
consequenly reported in the media.

evidence tampering by destrying the original witness statement and
ordering
another be written to better support his 'good mate', chris hurley.

witness intimidation not only with the above matter but by addressing his
wishes and instructions to others from palm island.

one witness was picked up by robinson and taken for a drive, or what is
known as a walk in the park. that witness was found hung the next morning.
we will never know what passed between the two on that night unless of
course robinson suddenly gets a conscience and tells us. maybe he told
hurley to prove what a good mate he was. as far as i know, robinson was
the
last person to see the witness alive. is not just that one point enough to
investigate robinson further? whatever his current status with the qld.
police force. or is there a need for another loophole?

there is also the tragic death of mulrunji's son. he too was found hung,
has
any enquiries been made into his death? if not, why not?

did robinson also speak to him prior to his death? i understand that he
was
not a potential witness but did he know something that concerned others?
again we will never know.

i must admit ignorance on the terms of reference that the cmc used to
investigate robinson and the others but qld police replied to three of
them.
the first was the investigation anomolies, the next was having dinner with
hurley and discussing it in detail whilst the third referred to the
complete
lack of support to the many witnesses involved. Queensland Police report
in response to the CMC review

that the police have successfully, so far, saved their officers, including
hurley, from the justice that should befall them is undeniable. under
different circumstances one could almost admire their machiavellan
machinations in their seeking redemption for their erring fellow officers.
but we must remember that they have been doing this for some 200 years.
they, of course, do not act in isolation. they have the active support og
governments, past and present. they also have access to the top legal
minds
and analysis. whilst it now is arguable that it is decreasing they also
have
the majority of media support.

we can scream and fight for justice but without practical support,
especially the media, we are literally spitting in the face of the wind.
justice is not only blind but she is also deaf except where she can be
wooed
by generally large amounts of money and resources. justice is a tart and
can
be purchased by those with power and political power.

that is what we must obtain. during this case people power has allowed for
change to be made in a justice-centric way. we fought the police cover-up,
we forced the dpp to back down, we forced hurley into court, we proved
time
and time again that together we could force change, we won some battles
but
lost the war when it became the property of the power-brokers, including
the
cmc. we allowed them to lock us out. their result became inevitable.

that is why we must fight and win the right to elect citezens police
boards,
that would include the right to monitor dic investigations and other
serious
police problems such as endemic corruption. the americans have them as do
some european countries.

we will never get the justice we deserve or fight for until we have a
public
voice in their determinations to exonerate, exonerate, exonerate at all
costs.

one vision that has been raised is for a professional team of six experts
to
become a national dic taskforce that would investigate all dic nationally
at
whatever custodial area was involved. this may be a possibility but it
would
need to have an ironclad exclusion of police officers, retired or working.
then they would need to have their decisions monitored by the citizens
review board.

let's work for it.

fkj

Sent: Friday, March 18, 2011 12:19 PM
Subject: Palm Is short update analysis

Exceptions to the rule of law on Palm Island

By Jeff Waters

Updated Wed Mar 16, 2011 8:41am AEDT
Senior Sergeant Chris Hurley

The Queensland Police Service has formed its wagon train into a circle.

Rifles are fixed.

The defences are impenetrable.

At the circle's centre stand a handful of officers, all of whom were
involved with the botched investigation into the death in custody of the
man now known as Mulrunji, on Palm Island in 2004.

He died in mysterious circumstances, with massive internal injuries
caused
by "compressive force" about an hour after being arrested for allegedly
swearing.

It's taken six years for the organisation (which some Indigenous
Australians might prefer to call a "firm") to come to the conclusion that
these men have no reason to be disciplined, thus, under the law,
preventing them from being prosecuted by the state's Crime and Misconduct
Commission (CMC).

The decision was finally made by Deputy Commissioner Kathy Rynders who
gave bravery medals to two of the six officers she was investigating -
for
their actions during the ensuing riot.

It appears that the rule of law does not apply to the police in this
matter.

For instance, if police fail to notify the Homicide Investigation Group
after a death in custody, as is stipulated by the Coroner's Court, they
have done no wrong.

If a senior officer appoints friends of the policeman involved in the
death to conduct an investigation into their own mate, nothing is amiss.

If the policeman (Senior Sergeant Chris Hurley) has conversations with
key
witnesses before they are interviewed, views the footage taken from the
watch house cell, and takes part in secret and private conversations with
the mates who are investigating him, then that's fine.

Indeed, if they later boast about the fact they spoke to witnesses before
interviews so as to get clearer, more consistent, stories, then why on
Earth should we be concerned?

Who needs to secure a crime scene? Who needs to bother with forensic
examinations?

When all the coaching and interviewing and quiet chat is over, what's the
problem with the policeman retiring with his mates - and his boss - to a
nice meal and a few beers to chew the fat, as it were?

And then, when the dead body is packed away and sent off to the
pathologist for examination, what does it matter if the police officers
fail to include in the enclosed report that there were claims the dead
man
had been punched?

Kathy Rynders, in rejecting what the QPS likes to call the "advice" of
the
CMC (presumably so as to demean its worth), that the six officers should
be disciplined, has pulled a fast one.

By not taking disciplinary action against the officers, Deputy
Commissioner Rynders has ensured, under Queensland's often peculiar laws,
that it is now impossible for the CMC to bring them before the Queensland
Civil and Administrative Tribunal.

The CMC chairman, Martin Moynihan, is quoted as saying he's "astounded"
that his recommendations for discipline had been ignored.

The Queensland Police Union wasn't astounded.

Back in November last year, it correctly predicted the Palm Island death
in custody matter was "all over" and that no disciplinary action would
ensue - an astounding prediction in itself.

With the Indigenous community, and much of Queensland's "civil society"
in
uproar over this decision, many are turning to Premier Anna Bligh for
leadership.

And the Premier has responded with soothing, and potentially positive
words.

She is quoted as saying this outcome would put new focus on the police
disciplinary process, which is something Mr Moynihan says needs to be
re-drawn.

"I want a better police disciplinary process; not one that takes six or
nine years but one that responds to issues quickly and fairly and treats
police officers fairly and is accountable to the public," the Premier is
quoted in the media as saying.

"I think the family concerned, the public and the whole police service
would have wanted this matter dealt with (more quickly)... that's why we
are now reviewing the whole police disciplinary process."

But Anna Bligh, with all of her post-disaster popularity, sits in the
same
office as so many other premiers who failed to make change.

(Her most immediate predecessor, Peter Beattie, did, arguably, make
changes by actually weakening the CMC's powers.)

Perhaps it's finally time to pick up on an idea being spruiked by the
Civil Liberties Council's Terry O'Gorman, who has suggested to me that
what this country needs is a national police oversight body.

Maybe it is, indeed, time for the Federal Government to step in and
impose
a new watchdog on all of the state's police forces which, over the years,
have failed to prove they can police themselves.

Until something like that happens, there can be no guarantee that the
rule
of law will apply equally to all Australians.

Jeff Waters is Senior Correspondent for the ABC's Asia Pacific News
Centre, and author of "Gone for a Song, A death in Custody on Palm
Island," published by ABC Books.

First posted Wed Mar 16, 2011 8:39am AEDT
http://www.abc.net.au/news/stories/2011/03/16/3165087.htm?site=indigenou...

----- Original Message -----
From: Ray Jackson
To: ray jackson
Sent: Wednesday, March 16, 2011 2:47 PM
Subject: dicqldcopscmc

CMC says hands tied in Doomadgee decision
By Kerrin Binnie

Updated Tue Mar 15, 2011 9:19pm AEDT

Photo 1 of 2

CMC chairman Martin Moynihan (AAP: Dave Hunt)

a.. Video: No action against officers over Palm Island death (7pm TV News
QLD)
b.. Audio: CMC asks for more powers (PM)
c.. Map: Palm Island 4815
d.. Related Story: No action against officers in Doomadgee death: report
e.. Related Link: Queensland Police report in response to the CMC review
Queensland's Crime and Misconduct Commission (CMC) says it is powerless to
punish six police officers involved in a botched investigation into the
death in custody of Cameron Doomadgee.

The officers involved will not face disciplinary action, despite
recommendations by the CMC. Retiring Deputy Police Commissioner Kathy
Rynders has instead recommended only "managerial guidance" for officers.

The CMC says it will ask for more powers so its hands are not tied in the
future.

Its chairman, Martin Moynihan, says he is astounded at the decision.

"The Doomadgee family, the Palm Island community and the public have a
right
to expect that the police service would, at the very least, investigate
the
death rigorously, impartially and thoroughly. This did not happen," he
said.

Mr Doomadgee, 36, died from massive internal injuries while in the Palm
Island watch-house off Townsville in 2004.

There have been several investigations into his death, a number of reviews
and three coronial inquests.

Former Palm Island police officer Senior Sergeant Chris Hurley was charged
and found not guilty of manslaughter and assault.

The CMC last year delivered its assessment of a police review and internal
investigation. It found both were flawed and recommended the six officers
face disciplinary charges.

Deputy Commissioner Rynders was given the task of determining what action
should be taken and has decided the officers receive managerial guidance.

'Hands tied'

Mr Moynihan says he cannot understand the decision.

"The failure by the QPS to take any action means that the CMC's hands are
now tied," he said.

"The police service has circumvented the independent review process. We
could never have foreseen that the QPS would find that the conduct of the
police officers did not warrant disciplinary proceedings."

Mr Moynihan says the CMC cannot act because of a loophole.

"Currently the law as it stands only allows the CMC to appeal a police
misconduct matter in the Queensland Civil and Administrative Tribunal if
it
is seeking to review a decision made into the disciplinary proceedings,"
he
said.

"We have no power if there is no decision is made."

He wants the Queensland Parliament to give it that power.

"We will seek these legislative changes to ensure that all QPS decisions
are
potentially subject to an independent review," he said.

"The CMC wants to ensure that people in cases such as this can be held
accountable for their actions."

The Police Union is maintaining the officers did nothing wrong but says
mistakes were made.

Police Commissioner Bob Atkinson says the decision was based on evidence.

"There are some people, and perhaps understandably so, who will never
believe that justice has been done and who will never be satisfied, but I
don't think we can change that. But I do believe we have to bring this to
a
close," he said.

'Disappointing decision'

Palm Island Mayor Alf Lacey says he is disappointed with the police
service's decision. He says the past seven years have been a waste of
time.

"At the end of the day we need to say to Queensland and people living in
Queensland that if your child can get picked up or your brother or your
sister gets picked up, taken to a police cell and ends up dying and
there's
no action out of it, what happened on Palm could happen anywhere in
Queensland and that's what we need to understand here," he said.

Mr Lacey says the decision will not help the relationship between
Aborigines
and the police.

"They will continue to be the boogie man for Aboriginal people and Torres
Strait Islanders in Queensland and I think it is now set back and put the
whole relationship and engagement back a decade or so," he said.

Queensland Premier Anna Bligh has already established a review into the
police discipline process, and says the system has to work better.

"I think there are a lot of people who will be asking questions about the
police discipline process as a result of this decision today and I share
their concerns," she said.

"I want a better police disciplinary process, not one that takes six years
or nine years but one that responds to issues quickly and fairly, treats
police officers fairly and is accountable to the public."

Ms Bligh is expecting a report into the matter by the end of the year.