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Palm Island man's fears never questioned

A Federal Court trial has heard detectives failed to ask follow-up questions of a man who said he was worried about seeing something before a custody death

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Source: AAP


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Moments before Mulrunji Doomadgee's death in custody, a police liaison officer stood outside the station too frightened to enter.

Lloyd Bengaroo was, he told detectives, afraid of seeing something that could get him into trouble.

But the investigators never asked why.

"I didn't take it as a serious proposition," Detective Inspector Warren Webber told a Federal Court trial more than 11 years after the death.

Det Insp Warren Webber was part of the first team sent to investigate what happened after Mulrunji was arrested by Senior Sergeant Chris Hurley in November 2004.

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He and another detective interviewed liaison officer Mr Bengaroo in a video re-enactment played to the court.

"You didn't ask him what he was concerned about seeing?" counsel for the community Chris Ronalds SC asked on Tuesday.

"You didn't ask him if he'd seen Sen Sgt Hurley do something in the past that raised this concern?"

"No," Det Insp Webber replied.

A preliminary coroner's report into Mulrunji's death led to rioting and an emergency situation being declared on the island.

Jailed rioter Lex Wotton launched the class action on behalf of Palm Islanders, partly on the basis the police investigation into Mulrunji's death was racially discriminatory.

Det Insp Webber was also accused of dismissing allegations from Roy Bramwell, who said he saw Sen Sgt Hurley punching Mulrunji as he lay drunk on the ground in the police station.

The detective told the court he'd previously said Friday night drinks or "community gossip" could explain the Aboriginal man's allegations.

He denied not taking the accusations seriously.

"It was an Aboriginal man giving you a story which was inconvenient to the narrative that you were trying to create," Ms Ronalds said.

"And the narrative you were trying to create was to protect the white man. That's right isn't it?"

"No, it's not," Det Insp Webber replied.

Numerous reviews and inquests have criticised Det Insp Webber's approach but the police service eventually found he didn't deserve any disciplinary action.

Justice Debra Mortimer will decide whether the community should be compensated.

The trial continues in Townsville.


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