Whoops, wrong link (here it is: http://archive.sclqld.org.au/qjudgment/2009/QCA09-167.pdf). Have a look, Sgt. Hurley was found by the QCA to have caused the injury that resulted in Cameron Doomadgee's death in custody. That is unequivocal, there is no mistaking it, however they found that the Coroner's finding was incapable of being supported by the evidence (particularly Sgt. Hurely's perjured evidence that he had not fallen on the deceased, but had only punched him). Importantly, if Hurley had admitted falling on Cameron Doomadgee, as he later did, then the Coroner's finding would have stood.

Be that as it might, this is new evidence, sufficient to warrant a review of the decision, Sgt. Hurley did cause the injury that was the DIRECT CAUSE OF DEATH, that he did so accidentally is immaterial, his actions after that are what determine the negligence or otherwise of his conduct, did he act as a "normal person, placed in that position" should have acted... I'm confident that that decision would turn on whether or not he made any attempt to seek medical aid for the person he had hurt accidentally. He did not, it is immaterial if such medical assistance would have saved Mr Doomadgee's life, it is whether Sgt. Hurley did everything he should have done to ensure the welfare of his prisoner.

That is the ratio of High Court in The Queen v Lavender (http://www.austlii.edu.au/au/cases/cth/HCA/2005/37.html) and also of the Qld Court in convicting Dr Patel. That is THE LAW as it stands.

Sgt. Hurley did cause the injury that was the DIRECT CAUSE OF DEATH, that he did so accidentally is immaterial,
Custard,
So, if I understand you correctly, are you saying that anyone can start a riot but when the riot gets out of hand & the instigator gets hurt or even worse then those who are expected to quell the riot are the ones who are at fault ? I don't know who much experience you have with those who have been indoctrinated to hate white people no matter what but I can tell you one certain fact. Many white & non-white people who go to communities do so with good intention but the attitude of many indigenous soon changes good will to frustration & disrespect. The road to betterment is entirely in the communities' hands. The fact that far too many visiting incompetent & corrupt bureaucrats strive in the communities is also in the hands of the communities. Accept that fact & all will get better. If we do have another Royal Commission then make it look at the Public Service as whole, especially the Judiciary & not just the Police.

We really need throughout Australia, a genuine Royal Commission, to separate the power of the Church from the State. Since the Churches abdicated, and settled down to petty sectarian squabbling, the State, all nine of them, has set up temples throughout the length and breadth of the land.

That temple, once a church, is now the Magistrates Court, and in it a State Priest presides. Think of justice as a wheel. It is flat on the bottom. Get it rounded up. The Royal Commission we are entitled to, is for Her Majesty Elizabeth the Second to instruct Quentin Bryce, to deputise every Magistrate, from Albany to Cape Horn, as a Royal Delegate. Give them a Royal Commission. Remove them from the State Payroll, and put them on the Commonwealth books.

Superior Courts, as opposed to the courts of Ch III Constitution are the temples of the exclusive brethren, ( lawyers) and by giving all Magistrates a Royal Commission, the Nation becomes indissoluble. A side effect will be to make all legislators accountable, not just once every three years, but 24/7.

Probably despite themselves, the legislators and lawyers in Victoria, have made a model Magistrates Court. This should be made Australia wide, and the Magistrates in Victoria, and everywhere in Australia, should be put on Julia Gillard’s payroll. If the people of Palm Island or Mr Ward’s family in Laverton, could get in a jet, and fly three hours south, or east and present their case to a Melbourne Magistrate , who could then commit the offender to trial, back in Queensland, or Western Australia to comply with S 80 Constitution, we would have National universal and non racist justice.

Problems have emerged in Victoria, because the golden rule applies. The one who has the gold rules. A totally independent judiciary, requires the men and women who are the primary law enforcement officers in the Commonwealth, the Magistrates in every community, to have a Royal Commission. Instead of wasting 20 billion, Rudd should have paid Magistrates to do their Royal Job, with Commonwealth money. Will Julia rise to the task

from Albany to Cape Horn.
Peter the Believer,
Cape Horn ? That's rather ambitious, isn't it ?