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Detective Sergeant Darren Robinson... "completely exonerated" Chris Hurley of an assault complaint without interviewing independent witnesses. |
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LEX WOTTON TRIAL: Court hears of three assaults by Hurley in months leading up to death in custody and riot
ISSUE 164 - 16 Oct 2008
By Chris Graham
IN BRISBANE
NATIONAL October 14, 2008: The officer in charge of the Palm Island Police Station ran over an Aboriginal woman in June 2004, assaulted an Aboriginal man in the Palm Island police station in August, and became the central figure in the death in custody of Mulrunji Doomadgee in November, a Queensland court has heard.
Palm Island resident Lex Wotton is on trial in the Brisbane District Court for rioting with destruction. It follows the 2004 Palm Island uprising, after Mulrunji died from a massive internal injuries within an hour of being arrested by Senior Sergeant Chris Hurley on November 19, 2004.
The evidence about previous incidents involving Snr Sgt Hurley emerged during the testimony of Detective Sergeant Darren Robinson, a friend of Snr Sgt Hurley's and one of the officers who investigated the death in custody, and the running over of an Aboriginal woman.
Det Sgt Robinson spent three days on the stand. He was quizzed by defence counsel for Mr Wotton, Clive Steirn SC. Prior to his cross examination, Det Sgt Robinson described to Crown Prosecutor Michael Cowen the events leading up the riot.
On November 19, 2004 the police station came under siege by a crowd Det Sgt Robinson estimated was around 400 people. The crowd was throwing rocks at police and screaming abuse.
Det Sgt Robinson told the court that police feared for their lives. After the police station was attacked, officers fled to the nearby police barracks, and then to the local hospital as crowds set fire to the station, court house and one of the police residences.
He told the hearing that he witnessed Mr Wotton on one occasion smashing the court house windows with a Stillson - a large plumber's wrench - and that Mr Wotton had confronted police at the station and yelled: “You f**king killed him you murdering white c**ts. You f**king killed him.”
Det Sgt Robinson said at one point Mr Wotton also addressed the crowd, saying “Real men don't talk. Women talk. I've taken it this far. Men don't talk. This place (the police station) is going to burn, then Hurley's (residence). Are you hearing me? We don't want you c**ts on the island.”
Control was restored, Det Sgt Robinson said, after police reinforcements from Townsville arrived.
“We told everyone to piss off and go,” Det Sgt Robinson said. “We're back in control of the island.”
Det Sgt Robinson agreed that Mr Wotton had on several occasions directed youths to stop throwing rocks, and that he'd also quietened the crowd. But he told the court that it was not to lessen tensions, rather to ensure Mr Wotton's 'speeches' to the crowd could be heard.
It emerged during cross examination that Det Sgt Robinson had made a 'speech' of his own - to the Crime & Misconduct Commission.
Clive Steirn SC, defence counsel for Lex Wotton, led a lengthy and occasionally aggressive cross examination of Det Sgt Robinson. It emerged early on that Det Sgt Robinson, with the assistance of “friends” had prepared a speech for the CMC into “how they should conduct their investigation” into the death in custody of Mulrunji Doomadgee.
He was interviewed by the CMC because of his role in the early days of the investigation into the death in custody, despite it being well known he was a friend of Snr Sgt Hurley's.
“I just sort of got some friends to help with the terminology,” he told the court of his speech.
Det Sgt Robinson confirmed that he had to be directed by the Police Commissioner to assist the CMC's inquiries, and he gave his evidence “under protest”.
It also emerged during cross examination that Det Sgt Robinson was tasked with investigating an allegation against Snr Sgt Hurley a few months prior to the riot.
On June 10, 2004, his boss in nearby Townsville, Detective Inspector Webber, instructed Det Sgt Robinson to investigate an allegation that Snr Sgt Hurley had run over an Aboriginal woman, Barbara Pilot.
Det Sgt Robinson told the court that Det Insp Webber was aware that he was friends with Snr Sgt Hurley, and that he told senior officer he did not want to conduct the investigation.
It emerged that Det Sgt Robinson didn't commence his inquiries until July 6, 2004, a month after the referral of the matter. He agreed in court that his final report “completely exonerated” his friend, even though he had never attempted to interview the two independent witnesses to the incident logged in police records. He also did include any medical evidence from the Palm Island hospital about the extent of Ms Pilot's injuries.
The court heard that Ms Pilot sustained a compound fracture, and that a bone was protruding through her leg.
The report was sent back to him by senior police, who had discovered the investigation was inadequate.
Questioning moved onto Det Sgt Robinson's presence during an assault on Palm resident Douglas Clay in the Palm Island police station.
STEIRN: Were you present when [Snr] Sgt Hurley assaulted him?
ROBINSON: Yes.
Det Sgt Robinson said the assault was a “slap” of Mr Clay by Snr Sgt Hurley. The court heard that a subsequent Crime & Misconduct Commission investigation had discovered Mr Clay's blood inside one of the police cells.
Mr Robinson confirmed he was also interviewed by the CMC in relation to the Clay matter, and that again he gave his evidence “under protest”, even though he said he had nothing to fear from the probe. Det Sgt Robinson told the court “legal advice” had suggested that he not give the interview voluntarily.
Det Sgt Robinson was also questioned about revelations he cooked dinner for Snr Sgt Hurley and several other police the very night Mulrunji was killed.
“Someone had to cook dinner for everyone and I did. There wasn't much conversation,” he told the court.
Asked if his police residence was the only one with a stove on Palm Island, Det Sgt Robinson agreed it wasn't, but added, “… I had the freshest food”.
In re-examination by the Crown Prosecutor, Det Sgt Robinson added that it was common for police on the island to share meals and that it routinely occurred several times a week.
Terrence Kidner - an Aboriginal resident from Palm Island - is scheduled to give evidence this afternoon.
 
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