Mulrunji, 36, died Nov. 19, 2004, in a police cell shortly after being arrested for drunkenness. He died as a result of a ruptured liver and portal vein and had suffered four broken ribs. Almost two years later Queensland coroner Christine Clements ruled that Mulrunji was fatally injured by a series of blows from Hurley. In her report she described the video images of Mulrunji writhing in pain as he lay dying on the cell floor. She found that there had been no attempt to check his condition.

Her report directly contradicted the findings of an interim autopsy in 2004 that exonerated the cops, claiming that Mulrunji fell accidentally, and that there was no evidence his injuries had resulted from a direct use of force.

This report led to angry protests by Aborigines on Palm Island two years ago. The police station, barracks, and courthouse were burnt down at the time. In response, some 200 riot cops were flown in. Heavily armed police swept the island and arrested 19 Aborigines. Palm Island has a population of about 4,000, mainly Aborigines. The island was used for much of the last century as an internment camp for indigenous people forcibly removed from traditional lands across northern Australia.

Seven of the Palm Islanders accused of rioting are still awaiting trial. Lex Wotton, who police allege was “the ring leader of the riot,” was charged with assault and arson. Stewart Levitt, Wotton's lawyer, has cited Clements’s findings as a reason for dropping all riot charges. Clements also ruled that Mulrunji’s behaviour did not warrant his arrest by Hurley.

Police Commissioner Robert Atkinson refused to suspend Hurley but after angry reaction from Palm Island elders and Aboriginal activists, moved him to non-operational duties. Hurley issued a statement October 7 in which he “reluctantly” offered to stand down—on full pay. Queensland Premier Peter Beattie announced September 27 that the coroner’s report has been referred to the director of public prosecutions for an “independent” assessment. He said the move was “a matter of due process,” and “should not be seen as a reflection of the guilt or innocence of any person mentioned in the report.”

But the mayor of Palm Island, Erykah Kyle, said the community wanted further justice. “[There’s] a long way yet,” she said.

Some 200 people, mainly Aborigines, marched October 10 to the opening of the Queensland state parliament to demand justice for Mulrunji. Protesters called for Hurley to be sacked and immediately charged with the murder of Mulrunji.

In response to the protest Beattie stated that the “process [of law must] be followed.”

Mulrunji's family plans to file a civil lawsuit against Hurley and the Queensland police. Murrandoo Yanner, a spokesman for the family, said that the family did not have high expectations of the justice system and were not relying on criminal charges to be laid.

Their attitude is well founded. No police officer has ever been charged over an Aborigine's death in custody in Australia.  
 
 
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