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The Forum > Article Comments > Dying in police custody > Comments

Dying in police custody : Comments

By Harry Throssell, published 28/6/2007

Indigenous Australians are among the poorest people in the world, hence their chronically bad health, dependence on substances, and violence.

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Black and White death in custody will continue for a long time yet as the primary problem is whether the custody is lawful or was it unlawful deprivation of liberty, a criminal offence.
The Police Powers and Responsibilities Act 2000 Qld provides for the circumstances in which a Police Officer can exercise of power to lawfully detain and arrest an individual.
If Hurley had been charged for deprivation of liberty as well, based on the statements made by the Coroner and the Judge had relied on the reasons for a decision of the High Court of Australia in Coleman v Power [2004] HCA 39 1 September 2004 B98/2002 we may have had a different result from the alleged jury.
The fact is that the arrest and detention was not lawful as the only authorised exercise of power that Hurley had at his disposal under the Act was to serve a NOTICE TO APPEAR and every body, all the legal professionals paid for by the fascist regime knew exactly that. The whole alleged legal proceedings, not judicial proceedings, were a scam right from the start and the decision was only ever going to go the way of the Police to suit Govt policy set by the Public Servants. Nothing to do with the rule of law.
Posted by Young Dan, Thursday, 28 June 2007 11:37:17 PM
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Coroner's Report, The arrest of Patrick Bramwell and Mulrunji.
Lloyd advised him to walk down the road or he too would be locked up. When Senior Sergeant Hurley got back in the car he asked Bengaroo what the person had said - he clearly had not heard the conversation. When Bengaroo’s account was given, Hurley’s response was that he would lock him up. The only additional “event” was that having walked off down Dee Street, Mulrunji turned and swore at the police officers. Senior Sergeant Hurley then drove down to where Mulrunji was standing and arrested him. I do not determine the lawfulness of this decision but CLEARLY THE SITUATION COULD EASILY HAVE BEEN ADDRESSED BY MEANS OTHER THAN ARREST. Senior Sergeant Hurley was reliably told by his resident liaison officer the identity of the person and that he lived on the island. The fact that the senior serving officer did not know him after two years on the island was an indication that he was not a troublemaker. IT WAS COMPLETELY UNJUSTIFIED TO DECIDE TO ARREST, particularly if that decision was solely influenced by a desire to check the computer for any outstanding warrants. THAT IS NOT A BASIS FOR ARREST Given that Mulrunji had walked away and was clearly not impeding anyone there was always the discretion to do nothing or simply speak with Mulrunji.
What is clear from the evidence is that Senior Sergeant Hurley felt the need to EXERT HIS AUTHORITY, ostensibly on behalf of the Police Liaison Officer who did not have direct authority to do more than warn Mulrunji. The similarity to the situation of Patrick Bramwell’s use of language was not compelling given that Mulrunji had heeded the warning and walked on without further involving himself in proceedings. Despite Mulrunji’s protests he was arrested and told by Hurley that he was going to the watch house.
Posted by Young Dan, Thursday, 28 June 2007 11:39:16 PM
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Great point, Young Dan. If Hurley hadn't decided to make a point of asserting his authority by arresting Mulrunji for the heinous crime of swearing on Palm Island, Mulrunji would still be alive today.

Excellent article, Harry Throssell. Unfortunately, those who most need to seem incapable of understanding it.
Posted by CJ Morgan, Thursday, 28 June 2007 11:53:43 PM
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The only people to blame is the High Court. It is the High Court interpreting our constitution which permits all these actions by government and legislative branches.

Government, by nature is greedy to obtain power and use it.

The High Court failed Australia dismally by ignoring real purpose of the 1967 referenda: it was the purpose of the Australian people to strip ALL governments and legislatures, state and federal and territory, of ALL power to legislate in any manner which qualified in any way the rights and or responsibilities of Australian citizens on grounds of race.

Evey problem presented as an Aboriginal problem is not an Aboriginal problem it is an ordinary problem reworded to promote racism.

Certainly has been Whitlan, Fraser and others who have built the apartheid system of remote communities, resulting in the disgrace we have today.

Today in 2007 Australian citizens, those in legislation referred to as "Traditional Owner's" are denied their right as Australians to their family live with them or visit them, to have their friends come visit them, unless they get permission from Land Councils.

This apartheid, is flavoured and presented under all sorts of excuses by the real racists, such as those who in Alice Springs object to the tennants of all these publicly funded housing programs being given a valid lease for their homes, like people in Sydney, Melbourne, Byron Bay. Why the objections, because giving people leases gives them rights the estate managers can be forced to respect.

Every problem faced by people living in these communities are the same problems faced by sections of every community all around the world; These are where lacking employment, where education is below standard, where struggling to achieve basic standards of living is seen as to hard to be achievable, where the light of lifestyles improving is dimmed by so many who come to help.
Posted by polpak, Saturday, 30 June 2007 12:22:08 PM
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If i recall correctly, when they first started measuring deaths in custody both Indigenous Australians and whites had a similar death rate.

Now we do not hear about 'white' deaths in custody.
Posted by JamesH, Friday, 6 July 2007 11:13:41 PM
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