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LEX WOTTON TRIAL: Key police witness accompanied to trial by officers, court hears
ISSUE 164 - 16 Oct 2008
NATIONAL, October 16, 2008: A key police witness in the trial of accused Palm Island rioter Lex Wotton was accompanied to court by two officers even though he was not in custody, it emerged during the recall of a witness late yesterday.
Terrence Kidner is testifying in the trial of Mr Wotton in the Brisbane District Court. Mr Wotton is accused of riot with destruction after the Palm police station, courthouse and a police residence were torched by local residents.
It followed the death in custody of Mulrunji Doomadgee a week earlier. Mulrunji had been walking home on the morning of November 19, 2004 when he was arrested by the most senior officer on the island, Snr Sgt Chris Hurley, for public nuisance. Within an hour, Mulrunji was lying dead on the floor of a police cell, having sustained massive internal injuries.
Mr Kidner told the court earlier yesterday that as the riot on Palm Island erupted on November 26, Mr Wotton handed him a drum of petrol and ordered him to torch the home of Senior Sergeant Chris Hurley.
He also testified that Mr Wotton had tried to calm the crowd during the uprising. He acknowledged that he had been drinking on the morning of the riot, but was only “tipsy”.
Mr Kidner completed his evidence shortly after lunch, but was recalled to the stand later in the day to give more testimony.
During the second session, counsel for Mr Wotton, Clive Steirn SC told the court that Mr Kidner had "two minders" with him, and that he was brought to court by a Detective Sergeant Thomas.
Mr Kidner agreed he was afraid of going back to prison for his part in the riot, and that he feared he would be in more trouble with police if he did not give the same testimony in the Wotton trial that he gave at his own court appearance.
Mr Kidner told the court he served 10 months of a four year prison sentence (suspended after 16 months) for his part in the riot. He said he could not recall how he pled in the case (Mr Kidner pled guilty).
Mr Kidner acknowledged that by implicating Lex Wotton in the riot, he knew would not get in as much trouble. The court heard he had received a reduced sentence for his crime because his trial judge accepted that he had acted under the instruction of Mr Wotton.
Mr Kidner had earlier testified that some Palm residents had falsely accused him of other offences during the riot, and that he "played the same game" of blaming others when he gave his statement to police. However, he denied any suggestion that he had lied about Mr Wotton to try and lessen his role in the riot, and maintained that Mr Wotton gave him the drum of fuel.
During the second session, Mr Kidner was taken through some of his earlier evidence. He was challenged about when he says he arrived at the scene of the uprising.
He had earlier told the court that on the day of the riot, he first saw Mr Wotton outside the police station, confronting officers. But he accepted late yesterday that he did attend a community meeting prior to the riot, and saw Lex Wotton address the crowd.
At that meeting, Mr Kidner said, Mr Wotton told the crowd that they should burn down Snr Sgt Hurley's house.
Video footage of the meeting - played to the court earlier in the trial - records Mr Wotton responding to an announcement by Mayor Eryka Kyle that police had confirmed Mulrunji Doomadgee's death was an accident.
After taking the microphone, Mr Wotton simply said: "That's not an answer. C'mon people. We all wanted this. We all wanted to know. Will we accept this as an answer? I'm not going to accept it and I know a lot of you others don't either. Things gonna burn. I know, I've spoken to the young people. We'll decide when. I'm not going to accept this. Let's do something, more than this."
Mr Kidner also maintained that after helping to torch Snr Sgt Hurley's home he left the area and went home.
The jury was shown some stills of video footage showing firefighters arriving to try and extinguish the blaze at the police residence. Mr Steirn put it to Mr Kidner that he was seen trying to stop firefighters from reaching the house.
Mr Kidner denied he was there, but later placed an 'X' on a photograph, acknowledging that the video footage recorded him at the incident.
There were considerable language difficulties throughout Mr Kidner's testimony - he has a very thick Aboriginal accent, is illiterate and speaks relatively few words. His answers were short and frequently had to be repeated so that court officials and the jury could understand him.
Judge Michael Shanahan regularly had to intervene during the testimony to ensure Mr Kidner had understood the questions asked of him, and that the jury and court officials understood the answers given.
At the completion of Mr Kidner's evidence, Judge Shanahan warned the jury that Mr Kidner was an "accomplice" in relation to crimes committed on the day of the uprising, and that the jury needed to "treat his evidence with care".
Judge Shanahan told the jury they could accept Mr Kidner's testimony in its entirety if they so chose, but that in weighing up his evidence they should consider whether or not he was truthful, or had lied to paint himself in a better light.
Mr Wotton's trial continues today. A Palm resident who witnessed the riot, Virginia Coutts, is currently testifying.
 
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