Ten years ago, Mulrunji was the 147th Aboriginal death in custody since the end of the Royal Commission in 1992. Despite that they will not be forgotten, Mulrunji and so many others will never return but what has changed for the better? Recently, a 22-year-old Yamatji woman became the 340th death in custody. 100 deaths in custody over a ten year period to 1992, then even more deaths, nearly 150 over 12 years to Mulrunji’s death, and nearly 200 deaths in the ten years since. Why are deaths in custody rising?

On November 19, 2004, Mulrunji was walking his dog on Palm Island, and he was singing ‘Who let the dogs out?’ Seargent Craig Hurley who was driving by slowed down and took exception, instead of moving on.

Only a little while later, Mulrunji would be lying dead on a police cell floor. The autopsy by Coroner Michael Barnes reported Mulrunji suffered four broken ribs, a ruptured spleen and ruptured liver. He died from “an intra-abdominal haemorrhage caused by a ruptured liver and portal vein.” He died because he was bashed.

Earlier in the morning, Mulrunji visited his new baby niece. He had a little to drink. He had been carrying that morning a bucket with a mud crab which he intended to sell. The walk from his sister’s house was fateful. He was singing “Who Let the Dogs Out?”

Officer Hurley was with Police Liaison Officer Bengaroo. Mulrunji sang out to Officer Bengaroo, “Why do you help lock up your own people?” Mulrunji then walked away. It could have ended there but Officer Hurley drove up to Mulrunji and arrested him for ‘creating a public nuisance’. Mulrunji was bundled into the back of the police vehicle.

Everyone knows what really happened in the police cell. The 36-year-old Officer Hurley would be responsible for causing the death of the 36-year-old Mulrunji. Less than an hour after Mulrunji was ‘thrown’ into the police cell he would be pronounced dead.  But Mulrunji was more than likely dead less than fifteen minutes after being bundled into the cell and beaten.

Despite the fact that other officers were present at the watch-house, “none of them heard or saw anything.” Officer Hurley said he noticed Mulrunji “motionless” and “cold” when touching him. He applied an “arousal technique” by “kicking him twice” but Mulrunji remained motionless. An ambulance took fifteen minutes to arrive and in that time not once did any police officers attempt to resuscitate Mulrunji.

The Coroner Barnes autopsy report was handed to the family one week later. A riot followed, more than 400 people raced to the Palm Island Police Station, half of them were children. The local courthouse, police station, Hurley’s home and the police barracks were burned. More than 80 police officers from the mainland would be sent to the island, dressed in balaclavas and riot gear to back up the island’s eighteen police officers.

Palm Islander Lex Wotton copped jail time but Officer Hurley was protected effectively by the Queensland Government and the Queensland Police Union. This business of police investigating police ensured Senior Sergeant Hurley was not charged and instead received various confidential payouts from the Queensland State Government. After three months of paid leave, Sergeant Hurley was appointed as a duty officer on the Gold Coast however in September 2006, Coroner Christine Clements found that Mulrunji died of the punches inflicted by Sergeant Hurley.

The cover-ups including police officers telling investigating pathologist Guy Lampe that Mulrunji had swallowed bleach.

Coroner Clements stated the police failed to rightly investigate the death of Mulrunji. Importantly, Coroner Clements stated that Mulrunji should never have been arrested – just as Mr Ward should never have been, just as Mr Briscoe should never have been, and just as the 340th death in custody since the Royal Commission, Ms Dhu should never have been.

Partrick Bramwell had been in the Palm Island cell at the time Mulruji died. Soon after, Mr Bramwell stated that Mulrunji cried out, “Help, help, please help me…” Mr Bramwell stated that Sergeant Hurley told Mulrunji, “Do you want more?”

A Queensland Crimes and Misconduct Commission inquiry into Mulrunji’s death found that no charges could be laid against the police officer. But the public outcries did not desist. The media sustained coverage. NSW former Justice, Sir Laurence Street was appointed to review the police watch-house death of Mulrunji.

On January 4, 2007 the review commenced, however the key witness, Mr Bramwell was found hanged on Palm Island, January 16. A family member alleged that Mr Bramwell had said to relatives he had been threatened by a police officer.

On January 26, the Street review overturned the Department of the Public Prosecutor decision to not lay charges. The review recommended that Sergeant Hurley should be charged with manslaughter. But like the four police officers and the police aide who were acquitted by an all-White jury of killing 16-year-old Yindjibarndi John Pat in 1983 so too was Sergeant Hurley acquitted in 2007 by an all-white jury in Townsville.

So once again, it was okay for a copper to go step out of line, go rogue and thrash punches into a Black person. It is not enough that Mulrunji was arrested for next-to-nothing but we have to accept that the crimeless Mulrunji for some reason deserved the beating he got. First People endure the highest arrest and imprisonment rates in the nation, most for the minor of offending. Aboriginal Legal Services are stretched to the hilt in having to represent far too many for next-to-nothing offences.

So yep, Sergeant Hurley was acquitted. On October 24, 2008, Palm Island two-time councillor Lex Wotton received 7 years in response for his limited involvement in the Palm Island riots. But he did not kill anyone. He did not lay a hand on anyone. On July 19, 2010, Mr Wotton was released. But in the days leading up to his paroling, the Queensland Government snapped in an unprecedented gag order on Mr Wotton – that he could not publicly speak about the death of Mulrunji and the events of the Palm Island riot. Earlier this year, the gag order lapsed and Mr Wotton in his gentle manner spoke out. He gave his first extensive interview to The Stringer.

They say from little things big things grow – good and bad. Arrested for singing a song and then a litany of broken lives. Mulrunji’s 12-year-old son, Eric, led his father’s funeral cortege. At 18, Eric was found hanged in Palm Island bush – July 19, 2010. Some say, that earlier in the day Eric had been taken for a drive by police.

On May 14, 2010, another coronial inquiry found that police colluded to protect Sergeant Hurley and shortly after a Queensland Crimes and Misconduct Commission report leaked to the media stated that up to seven police officers should be charged. None have ever been charged. The Commission’s chairperson Martin Moynihan clashed with the Anna Bligh Government in that there is a “culture of self-protection” for police. Premier Bligh dismissed calls for a Royal Commission and instead accepted the April 2011 410 report by Queensland Deputy Commissioner Kathy Rynders that no police needed to be disciplined over the death of Mulrunji. She recommended “managerial guidance” for one of the officers. So it’s not a crime to cover-up, to lie, to bash someone if you’re a police officer.

On the trends since the Royal Commission into Aboriginal Deaths in Custody we are heading for the 600th Black death in custody in 2025. This is what we must avert, and it can be done. We must not give up striving for what is right.

 

More reading:

An interview with Lex Wotton

Lex Wotton was tasered – his children had guns pointed to their  heads

Lex Wotton – in the face of injustice

The burning issue of deaths in custody – Aboriginal people die 5 times the rate of apartheid South Africa

Climate of death – justice denied means more will die

Australia, the mother of all jailers of Aboriginal people

340th death since end of the Royal Commission