Court orders new Palm Island inquest

16 Jun 2009, 11:27 am   -   Source: AAP
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An inquest into the death in custody of Palm Island man Mulrunji Doomadgee will be reopened.

An inquest into the death in custody of Palm Island man Mulrunji Doomadgee will be reopened.

The Court of Appeal in Brisbane on Tuesday ordered a new coroner be appointed to re-examine evidence relating to the death of Mr Doomadgee in 2004.

In 2006, deputy state coroner Christine Clements found Senior Sergeant Chris Hurley was responsible for Mr Doomadgee's death in custody after he was arrested for public nuisance.

His death sparked riots on the island after an autopsy showed he had suffered four broken ribs and a ruptured liver.

In 2007, Snr Sgt Hurley was acquitted by a jury of manslaughter and assault charges over the death.

At the conclusion of a review of the matter in Townsville late last year District Court Judge Bob Pack overturned Ms Clement's ruling and ordered the inquest be reopened.

Last month Mr Doomadgee's family and the Palm Island Aboriginal Council fought to have Judge Pack's decision ruled invalid in the Court of Appeal.

In a decision handed down on Tuesday, the Court of Appeal found Judge Pack's process of reasoning in ordering Ms Clement's findings be set aside was "flawed".

However, after examining evidence about the injuries sustained by Mr Doomadgee, the Court of Appeal ruled Judge Pack was still correct in ordering the inquest be reopened.

"We conclude that the finding of the Coroner that punching by Mr Hurley caused the fatal injuries sustained by the deceased was not reasonably open on the evidence," the written judgment states.

"Accordingly the decision of the District Court that this finding of the coroner should be set aside even though the process of reasoning whereby his Honour arrived at that decision was flawed."

Aboriginal activist Sam Watson said outside court he was disappointed for Mr Doomadgee's family, and said it was an example of "police trying to rewrite history".

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