CHRIS HURLEY TO FACE JUSTICE OVER MULRUNJI'S DEATH

News has just come through that Sir Laurence Street in his review of the decision of the Queensland Director of Public Prosecution has declared that there is sufficient evidence to charge Chris Hurley in relation to the death of Cameron Doomadgee (Mulrunji) and that there may be sufficient evidence to convict. While Miss Eagle has provided links to the Media Release of Queensland Attorney-General Kerry Shine she believes that it warrants publication in full on this blog.

Attorney-General and Minister for Justice and Minister Assisting the Premier in Western QueenslandThe Honourable Kerry Shine
Friday, January 26, 2007

POLICE OFFICER TO FACE LEGAL ACTION

IN RELATION TO PALM ISLAND DEATH

Attorney-General and Minister for Justice Kerry Shine, today confirmed he had received Sir Laurence Street’s legal opinion in relation to possible charges resulting from the death of Mulrunji on Palm Island in 2004.
Mr Shine said Sir Laurence, a former New South Wales Chief Justice, had considered the brief of evidence provided by the Director of Public Prosecution Leanne Clare.
Sir Laurence was asked to consider

(1) whether sufficient admissible evidence exists to support the institution of criminal proceedings against any person with respect to the death of Mulrunji; and

(2) whether a reasonable prospect of a conviction before a reasonable jury exists in the event a prosecution is brought against any person.
“Sir Laurence has advised me that he believes there is sufficient admissible evidence exists to support the institution of criminal proceedings against Senior Sergeant Chris Hurley for manslaughter of Mulrunji,” Mr Shine said.
“Furthermore, Sir Laurence believes there is a reasonable prospect of a conviction.”
Mr Shine said Sir Laurence had emphasised that his role was not to determine whether Senior Sergeant Hurley was guilty of an offence, but rather to determine whether he should be put on trial.
“In light of Sir Laurence’s opinion, and having given very careful consideration to the matter myself, I have decided it is in the public interest that this matter should be resolved in a court,” he said.
“I have today instructed the Crown Solicitor to take the necessary steps to initiate a prosecution as soon as possible.”
“I ask that, given the pending legal proceedings, the media show restraint in their reporting of this matter so that Senior Sergeant Hurley can be assured of a fair trial.”
Mr Shine said the fact that Sir Laurence had formed a different opinion to that of Ms Clare was in no way a slight on her.
“The best legal minds often differ on matters of law – even in the High Court of Australia it is common for differing judgements to be recorded,” he said.
“In my view, Ms Clare has acted within the scope of her duty and her authority.”
Mr Shine said the Government’s intention remained to table Sir Laurence’s opinion in State Parliament.
“We will do so as soon as it is legally appropriate, but it is likely this will not be until after the court case to ensure the fairness of the prosecution is not compromised,” Mr Shine said.

26 January 2007

Media contact: Kirby Anderson 0418 197 350

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Miss Eagle asks:

Why did the issue of justice not come naturally to the Government of Queensland and its employees (the DPP; the Police) in this case?

What does this case have to say about the state of governance at all levels in Queensland?

Mr Beattie put on display Queensland backwardness in relationships with the first people of this nation. What will he do to bring about best practice, 21st century standards, in race relations in Queensland?

Above all, Mr Beattie, why did you have to be pushed?

Why did so many people in so many places have to expend so much energy in so much sorrow to ensure that the Queensland Police faced justice on this issue?

PUBLIC FORGIVENESS: possible impacts

Following my post on Public Forgiveness, I have gone on to wonder what effect the process might have on the implementation of new policies and regulations. As Andrew Metcalfe takes over as the new Secretary of the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA), the question arises whether he will be seen to be part of the problem or whether he will become part of the solution. Will the changing of the guard at DIMIA amount only to a change of deckchairs on the Titanic.

If there is a dialogue of public forgiveness, surely assurances would be given and the the publicity surrounding the event would ensure that real change occurred. The reconciliation following the public forgiveness dialogue could include a more inclusive role for significant stakeholders such as refugee and asylum seeker organisations.

PUBLIC FORGIVENESS

Left: Archbishop Desmond Tutu

This topic has been stirring in mind over many years - ever since Bill Clinton made a public apology for his actions with Monica Lewinsky. Much hatred surrounded Bill Clinton and there was no doubt the Republican Party was out to get him in a big, big way and were not going to let go. But, it occurred to me, if a public figure apologises sincerely on an issue that has affected the public life of a nation then how can that figure be told he or she is forgiven. How can forgiveness be demonstrated, how can dialogue be entered into.

This is the case with Bill Farmer on his resignation from the Department of Immigration and Multicultural Affairs (DIMIA). There are a lot of us in this nation who have been highly critical of Bill Farmer and his department. His department has been heavy handed, inhumane and unjust. This has been demonstrated beyond argument. Bill Farmer as a bureaucrat, not able to take media grabs as a Minister does, took the one opportunity he had - an appearance before a Parliamentary Committee - to apologise. He is now leaving his position and his deputy takes the leadership. We don't know yet how good he will be at his job and how well he will bring change to a department sorely in need of it. Then there is the Department of Immigration itself. Bill Farmer is one person. Clearly, there were many, many others only too willing to take a hardline, inhumane stance in implementing the policies and rules and regulations of DIMIA. Can a whole Department say sorry? Can a whole Department be forgiven? If so, what is the process? Corporate collectives such as businesses, bureaucracies, clubs and so on can take on identities and characteristics of their own just as individuals do. Because of this, my view is that responsibilities and actions demanded of the individual can, for the most part, be expected of them. So for these corporate collectives, there should be opportunities for them to apologise, take part in dialogue, and be part of a forgiveness process with those who are stakeholders.

South Africa has led the way with defining new approaches and processes with the Truth and Reconciliation Commission. The premise is simple - vengeful bloodletting would hinder national progress into a new era. This so often happens in national life as well. Roadblocks to a new country, a new vision.

This is the case in Australia with the ups and downs of reconciliation with the First Peoples of this land and the Prime Minister's reluctance to say sorry. What is the measure of a nation who is willing to excoriate figures and collectives in public life but has no room for a process of dialogue, forgiveness, and reconciliation?

I have no process to suggest. I just want those who read this to consider and if there is sufficient agreement perhaps the nation can begin to discuss how we bring to our public life a discourse of apology, dialogue, forgiveness and reconciliation.

BILL FARMER, HEAD OF DIMIA RESIGNS POST

The Prime Minister, John Howard to-day announced the resignation of Bill Farmer AO from his position of Secretary of the Department of Immigration and Multicultural and Indigenous Affairs. See New Senior Appointments - 10 July 2005. Ordinarily, this would be a matter for much rejoicing in those seeking reform within the Dept of Immigration. However, his departure has been suspected as being imminent for two reasons:

1. He apologised to a Parliamentary Committee
2. He received an AO at the recent Queen's Birthday awards.

Awards are not unusual prior to the resignation of a senior public servant or their transfer to a significant overseas posting. In this case, Bill Farmer will become Australia's Ambassador to Indonesia. This posting need not be seen as unusual since his service prior to DIMIA was with the Department of Foreign Affairs & Trade (DFAT). If there is anything punitive in these changes to Bill Farmer's career because of the massive failures within the operations and organization of his department, it is not evident.

As a Christian and a practising Anglican, I have been particularly disappointed in the handling of immigration matters because Bill Farmer is the spouse of an Anglican priest in the Anglican Diocese of Canberra-Goulburn and because the excesses under his leadership also occurred under the ministry of that other well-known Anglican, Philip Ruddock, now the Commonwealth Attorney-General.

All of us can be forgiven and all of us deserve the right to a clean slate and a fresh start. I hope that Bill Farmer has been able to learn from what has occurred within the Department of Immigration and understands how the Department he led has been the bureaucratic hand of gross injustice. I also hope that his new position gives him more time for biblical study - in particular, I hope he has a glance at the references in the Old Testament on how the Lord God of Israel instructs us to care for the sojourner - because you were once sojourners. The New Testament could provide material for reflection - particularly the matter of Jesus, with his parents Mary and Joseph, fleeing persecution to become asylum seekers in Egypt. There is no mention of how the Egyptians treated this little family of refugees but clearly they were not locked in interminable detention and were, at an appropriate time of their choosing, able to return. And thereby hangs a story! Now, Bill, narrative theology is a worthwhile pursuit. Listen to the stories.