The result of a recent court case has probably set back relations between white society and Aboriginals by decades. A jury of eight men and four women returned a not guilty verdict on a manslaughter charge over the death in custody of an indigenous man.
On November 19, 2004 on Palm Island, off the northern coast of Queensland Mulrenji Doomadgee was arrested by Sergeant Chris Hurley of the Queensland police for being intoxicated and swearing. There was an altercation during the arrest and some hours later Doomadgee was found dead in his cell.
The coroner's inquest reported that the dead man's liver had been cleaved in two. He remarked that it was the sort of damage he would expect as a result of a fall from a tall building or a high speed car crash.
The arresting sergeant suggested Doomadgee probably tripped and fell on the step up into the police station. There was an enquiry and the police office was exonerated - and with incredible insensitivity the Queensland police returned this officer to duty as the senior cop in charge of police on Palm Island.
Following the death in custody Aboriginal people on the island had rioted, burning down both the police station and the court house. It was and remained a scene of high tension.
Public opinion forced a re-think and the sergeant was ultimately charged with manslaughter. At the trial, the coroner conceded that the damage to Doomadgee's liver could have been caused by the sergeant falling on top of him - or by the sergeant using what is known as " a knee drop " to inflict punishment. The sergeant denied any recollection of falling on the prisoner.
Obviously our law system relies on all evidence being presented to a jury of twelve of our peers and in this case that jury has decided that the sergeant had no case to answer. It does not provide an answer as to how Doomadgee sustained such incredible damage to his liver, resulting in death - and it will not satisfy the Aboriginal community that justice has been served.
The perception will remain that if the deceased had been a white person the result of that court case would have been different !
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