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Home / World

Officer acquitted of custody death that sparked riots

Evan Schwarten
20 Jun, 2007 05:50 AM3 mins to read

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KEY POINTS:

Townsville - A jury has acquitted a Queensland police officer over the death of a man in custody on Palm Island in 2004.

Senior Sergeant Chris Hurley had pleaded not guilty in the Townsville Supreme Court to one count each of manslaughter and assault over 36-year-old Mulrunji Doomadgee's
death at the Palm Island watchhouse on November 19, 2004.

A jury of eight women and four men today found Snr Sgt Hurley -- the first Australian police officer to be charged over a death in custody -- not guilty of both charges.

Mulrunji's death in 2004 sparked a riot on Palm Island.

Premier Peter Beattie told reporters today the verdict should be calmly accepted.

"This has been a difficult case ... but I think it's absolutely imperative that everybody, regardless of who they are, accept the decision of the court," Mr Beattie said.

Speaking outside court, prosecutor Peter Davis said he believed Palm Islanders would accept the verdict.

"The family knows that they have had an absolutely red-hot go at this," Mr Davis said.

"They know that we did everything we possibly could to present to this jury the best case that could possibly be presented."

Aboriginal human rights activist Gracelyn Smallwood said outside court it was a time for calm.

"Of course we wanted justice and we never got it," she said.

"But we've had a win because the whole world is watching this country.

"We don't want any violence, we want peace and we want everybody to be monitoring the police department."

In his closing instructions to the jury, Justice Peter Dutney urged the 12-member panel to judge the case against Snr Sgt Hurley on its merits and consider their verdict carefully.

Justice Dutney told the jury: "This trial is not concerned with police in general, it is not concerned with the riots which occurred after Mulrunji's death was published."

Last week, the trial heard Mulrunji died of internal bleeding after his liver was cleaved in two across his spine and his portal vein burst under pressure.

The injuries resulted from the application of what was described to the court as moderate to massive force.

Medical experts testified that the injuries could have occurred as a result of Snr Sgt Hurley falling on top of Mulrunji with his knee protruding as they tripped through the doorway of the watchhouse.

Snr Sgt Hurley initially told investigating police he fell beside Mulrunji, but when taking the stand last week he conceded he "must have" landed on top of him.

Snr Sgt Hurley's lawyer Bob Mulholland, QC, told the court this week the case against his client was absurd, offensive and politically motivated.

Hurley was charged in February this year by representatives of Queensland's attorney-general after the state's Director of Public Prosecutions Leanne Clare earlier decided not to prosecute him.

Mr Davis told the court it was wrong to suggest the prosecution was politically motivated.

- AAP

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