Palm Is raids worthwhile, detective says in class action case

Raids that allegedly caused innocent women and children to be traumatised on Palm Island only led to three convictions, a Federal Court trial has heard.

Raids worthwhile

The remains of the Palm Island police station in December 2004. Source: AAP

After a high-profile death in custody sparked rioting on Palm Island, balaclava-clad police armed with large guns swept through the community looking for suspects.

Their efforts, which islanders testify included holding guns to children's heads, resulted in three convictions.

A senior detective told a Federal Court trial that ongoing pain caused by the tough response in November 2004 was less significant than the benefit of the prosecutions.

"I suggest to you the small amount of successful convictions is far outweighed by the ongoing detriment to the community," counsel for Palm Islanders Chris Ronalds SC said on Wednesday.

"I'm sorry, I disagree with that," Detective Inspector Warren Webber said.

Det Insp Webber declared an emergency on the island as the police station and home of arresting officer Senior Sergeant Chris Hurley burned a week after Mulrunji Doomadgee's death in custody.

The class action, launched by once-jailed rioter Lex Wotton on behalf of Palm Islanders, claims the police response to the unrest was excessive and the emergency declaration should have been revoked when crowds dispersed from the local hospital.

Instead, it was in place for almost two days.

Det Insp Webber said he thought there was still a risk of harm after the riots and the police presence helped create calm.

Ms Ronalds asserted the SERT officers created needless "terror".

"You were punishing the Aboriginal community because they dared to take a strike against the police," she said.

"No, that's not true," he replied.

Det Insp Webber was also part of the initial investigation into Mulrunji's death, which has been criticised by numerous reviews and inquests.

The court heard he didn't instruct anyone to seize the uniform Sen Sgt Hurley was wearing when he arrested the dead man.

The trial was told former Detective Senior Sergeant Joe Kitching, now an inspector, and Det Insp Webber controversially shared a meal with the arresting officer on the night of Mulrunji's death.

Insp Kitching said there was no discussion of the investigation during the meal.

He accepted that his previously close working relationship with Sen Sgt Hurley had tarnished the investigation's image of independence.

Sen Sgt Hurley was cleared of Mulrunji's manslaughter in 2007.

Justice Debra Mortimer will determine whether police actions before during and after the riots were racially discriminatory and whether the community should be compensated.

The trial continues.


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Source: AAP


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Palm Is raids worthwhile, detective says in class action case | SBS News