Hurley 6747

Frederick Douglass (1818-95) American former slave and civil rights campaigner speaking on the 23rd anniversary of Emancipation in Washington DC, April 1885, said: “The life of the nation is secure only while the nation is honest, truthful and virtuous”.

With amazing revelations emanating from a flood of media coverage of late, concerning the unconscionable conduct of police associations and weak politicians who choose to turn a blind eye to the Mulrunji case, only time will tell whether the commanding words of Frederick Douglas have any currency in Australia today.

After reading an article in the Sunday Territorian under the headline “Blue wrist bands to support Sgt Hurley” by Roberta Mancuso on February 9, 2007, I continue to be appalled by the unprecedented action, some might say militant deeds, of our protectors - the police - in support of their fallen comrade.

I, like many of my people, have friends who currently serve in the police service, both Indigenous and non-Indigenous officers, and often wonder what their position is on the extraordinary stance countless numbers of their colleagues are taking in support of Senior Sergeant Chris Hurley.

My reluctance to date in not asking my few police acquaintances whether they support their union’s stance is probably more reflective of my present state of mind on the subject and angst, I guess, of their possible agreement with the actions undertaken by the union and of future plans the union may have on the drawing board.

The Sunday Territorian alluded to the potential of all Queensland police officers who may soon be wearing blue wrist bands in a show of support for Senior Sergent Chris Hurley who was recently charged over the death in custody of Mulrunji on Palm Island in 2004.

At present it would appear, from the article, that most Gold Coast officers are wearing the blue bands stamped with the number “6747” - the official police registration number of Senior Sergeant Chris Hurley.

Queensland Police Union vice president Denis Fitzpatrick was quoted in the article saying the bands would not only help raise funds for Snr Sgt Hurley's legal costs, but show a “silent protest” against his treatment.

It was also widely reported that the Queensland Police Union is considering staging an unprecedented police march on Parliament House in Brisbane.

I don’t begrudge anyone from voicing a protest on any matter but one would have thought it more prudent of police to await the outcome of a jury of Hurley’s peers to arrive at a verdict before trying to influence the court’s outcome by threatening to march on Parliament House as well as an array of other innovative planned actions.

Why has this particular case caused so much anxiety to the all conquering and powerful police unions across the nation? Perhaps it has something to do with the history and culture of policing in this country and their perfect record of no convictions recorded against a single police officer for a death in custody of an Indigenous Australian.

To fully understand this observation I provide a journey back in time to illustrate a brutal start to our people’s contact with non-Indigenous law enforcement agencies and the judicial system.

1799 - Two Aboriginal boys killed near Windsor by five Hawkesbury settlers. A court martial found them guilty but referred sentencing to the Secretary of State for Colonies and the men were released on bail. Governor Hunter is recalled. Acting-Governor King is instructed to pardon the men.

1805, July 20 - The colony's Judge-Advocate, Richard Atkins when referring to whether or not Aborigines could be witnesses or criminals before a court stated that Aborigines "are at present incapable of being brought before a criminal court - and that the only mode at present when they deserve it, is to pursue them and inflict such punishment as they merit".

1838, June 10 - The “Myall Creek Massacre” occurs. Twelve heavily armed colonists rounded up and brutally kill 28 Aborigines from a group of 40 or 50 people gathered at Henry Dangar's Station, at Myall Creek. The massacre was believed to be a payback for the killing of several hut keepers and two shepherds. But most of those killed were women and children and good relations existed between the Aboriginal people and European occupants of the station. November 15, 1838, 11 Europeans were charged with murder but are acquitted. A new trial is held and seven men are charged with murder of one Aboriginal child. They are found guilty and hanged in December.

We’ve just had a brief look at the 18th and 19th century rapport, or lack thereof, between Indigenous Australians and the judicial system - now let’s peer through the window, via reference, in part, to John Pilger’s 1989 publication A Secret Country, and have a look at a similar relationship picture in the 20th century and see if conditions have improved.

You be the judge!

1981, June 12 - Eddie Murray was drinking under a tree with his cousins Donny and some friends. Eddie was arrested at 1.45pm and taken to Wee Waa police station. He was held under the Intoxicated Persons Act, a law used overwhelmingly against Aborigines. Within the hour he was dead, strangled with a blanket in his cell, his feet on the ground.

At the inquest five months later the police claimed Eddie had killed himself by hanging, even though his blood alcohol level at the time of death was 0.3 per cent. Under cross examination, the police agreed that Eddie was “so drunk he couldn’t scratch himself”. Yet according to them, Eddie had managed to tear a strip off a thick prison blanket, deftly fold it, thread it through the bars of the ventilation window, tie two knots, fashion a noose and hang himself without his feet leaving the ground.

One policeman gave evidence that he had been off duty that day, then admitted he had lied when four Aboriginal witnesses identified him as one of those in the police van that took Eddie away.

The inquest was also told about serious discrepancies in police notebooks, with dates appearing out of sequence and an absence of records altogether, except for a highly detailed record of events of June 12: the day of Eddie’s arrest and death.

The coroner found that Eddie Murray had died “at the hands of person or persons unknown”. He said there was no evidence that Eddie had taken his own life and he strongly criticised the police. And that was that.

For a more personalised insight into this disturbing case read Simon Luckhurst’s recent publication Eddie’s Country (Magabala 2006) as presented through the eyes of Eddie’s parents; Arthur and Leila Murray

1983, September 28 - John Pat, aged 17, died in Roebourne, Western Australia. He had gone to the aid of a friend who was involved in a fight with five off-duty policemen. Witnesses at the inquest said they had seen him kicked in the head after he had lost consciousness, “like a dog”.

Other witnesses, who lived overlooking the lock-up, said the police repeatedly assaulted John Pat after pulling him unconscious from the van. He was left in a cell and no doctor was called. He died from extensive head wounds; and he had broken ribs and a tear in his aorta, the main blood vessel leading from the heart.

The five policemen were sent to trial for murder, but the charge was later changed to manslaughter. They were acquitted and reinstated to the police force. The Aborigines arrested with John Pat were convicted of aggravated assault against the police and sent to prison. They are scarred from their beatings.

1987, August 6 - Lloyd Boney, killed in custody aged 28 and buried in Brewarrina Cemetery on August 16, with his football team forming a guard of honour. He was the 16th Aborigine to die in police custody with eight months.

That evening there were few whites on the streets of Brewarrina. Up from the river marched Aborigines to the Brewarrina Hotel, which, they said, refused to serve blacks. They hurled beer kegs and bottles, smashing windows. Riot police were called and at first were beaten back.

The New South Wales Police Minister said on television that violence by blacks “will only cause more harm to their cause”. The local National Party candidate, who was also town coroner, accused the Sydney media of causing “racial disharmony” and “stirring up” the Aboriginal community.

Regrettably I would argue that not a lot has changed over the past two centuries, as highlighted above, as they are almost identical in their origin of farcical patterns of arrest and violent in-custody fatal conclusion.

Once again I evoke the famous words of Frederick Douglass: “The life of the nation is secure only while the nation is honest, truthful and virtuous.”

So let’s all keep our fingers crossed for a fair and just outcome of the Hurley court case that commences in the Townsville Supreme Court on April 9 and that we don’t see any police officers on guard that day wearing a blue band boldly displaying “6747”.