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Constable Bert Tabuai... testified that Lex Wotton directed a consistent stream of abuse at police during the 2004 Palm Island uprising. |
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LEX WOTTON TRIAL: Accused directed a stream of foul language at police, court hears
ISSUE 164 - 16 Oct 2008
By Chris Graham
IN BRISBANE
NATIONAL, October 21, 2008: Accused Palm Island rioter Lex Wotton directed a consistent stream of foul language and abuse at police during the November 2004 uprising, a police constable has told a Brisbane court.
But one of the constable's superiors - the most senior officer on the island at the time of the riot - has already testified that at no stage during the confrontation with police did the accused swear.
Mr Wotton is charged with rioting with destruction over the November 26 uprising on Palm Island which saw the local police station, adjoining court house and a police residence burnt to the ground. Mr Wotton is appearing in the Brisbane District Court before Judge Michael Shanahan. He is facing life in prison if convicted.
The November 26, 2004 uprising followed the death in custody of Palm Island resident Mulrunji Doomadgee at the hands of the officer in charge on the island, Senior Sergeant Chris Hurley.
A coroner found that Mulrunji died from massive internal injuries after Snr Sgt Hurley had arrested him on the morning of November 19 for public nuisance. The officer was subsequently acquitted of manslaughter by a jury, and is fighting to overturn the coroner's findings that he caused Mulrunji's death.
The island erupted a week after the death following the public release of a pathologist's report which claimed Mulrunji had died accidentally after tripping and falling onto a flat surface. The ensuing coronial inquest uncovered numerous breaches of police procedures during the probe into Snr Sgt Hurley's conduct, with Acting State Coroner Christine Clements at one point describing the conduct of investigators as “wilfully blind”.
It wasn't until the intervention of the Crime & Misconduct Commission that the investigation got back on track, Ms Clements reported.
Yesterday, the Crown called its final witness - Constable Bert Tabuai, a Torres Strait Islander police officer who was moved onto Palm Island as part of a massive boost to numbers following the death in custody. He arrived just two days before tensions between locals and police erupted.
During his evidence, Constable Tabuai attributed a host of foul invective to Mr Wotton, flatly rejecting defence counsel suggestions that he embellished his testimony or that he “transposed” the language of the angry mob onto Mr Wotton.
Constable Tabuai arrived on the island on Wednesday, November 24. He told the court he worked the nightshift on Thursday, and was asleep in the police barracks on the day of the riot. At around lunchtime, he was awoken by a loud “crash and a bang”. Constable Tabuai got dressed, looked outside and saw a large crowd of people running towards the police station.
While some officers ran to the police station, Constable Tabuai remained at the barracks, which was surrounded by a cyclone wire fence. He was then joined by the rest of the officers, who had abandoned the station.
A mob surrounded the barracks and a stand-off with police ensued. Rocks were hurled at officers. Several were struck. The police station and Snr Sgt Hurley's neighbouring residence had already been set on fire.
Constable Tabuai told the court he recognised Mr Wotton standing at the rear gates of the barracks, and he was part of a large crowd that was hurling rocks and abuse. The mob was yelling “Kill the c**ts. Captain Cook c**ts. Kill them,” Constable Tabuai said.
He told the court he saw Mr Wotton begin shaking the gates. He was screaming at police: “I want you f**king c**ts off the island. I want you f**king c**ts off the land. This is my land.” And later, “I want you f**king white c**ts off the island now otherwise I'm going to do [what I did to the police station] here…”
Constable Tabuai said at one point he overheard Mr Wotton tell senior police, “You've got one f**king hour to get off the island.”
After the ultimatum, Mr Tabuai said the crowd moved away. But police didn't leave the island. Instead, they abandoned the barracks and moved as a group to the nearby hospital, where officers formed a line. There, they waited there for reinforcements from Townsville to arrive.
Mr Wotton discovered the police had moved down to the hospital. Constable Tabuai says he confronted police, and the abuse started again. He told the court Mr Wotton screamed out: “Why haven't you f**king white c**ts left the island yet?”
Constable Tabuai said when police informed Mr Wotton they would not leave the island, he abused them again: “This is bullsh*t. I want you f**king c**ts off the island now.”
During cross examination, counsel for Mr Wotton, Clive Steirn SC accused the officer of attributing statements from the crowd to Mr Wotton to paint the accused in the worst possible light.
MR STEIRN: I've stopped counting, but according to you almost every third or fourth word coming from Mr Wotton is either 'f**k' or c**t'. Is that right?
CONSTABLE TABUAI: Yes sir.
MR STEIRN: Your evidence is a complete fabrication… isn't it?
CONSTABLE TABUAI: No sir.
MR STEIRN: He wasn't using f**k or c**t was he?
CONSTABLE TABUAI: He was, sir.
Most of Mr Wotton's dealings with police were with the two most senior police on the island, Inspector Brian Richardson and Senior Sergeant Roger Whyte. Snr Sgt Whyte has also testified at length that Mr Wotton was using foul language throughout the uprising, but Inspector Richardson told the court last week that while Mr Wotton's language and gestures were aggressive, at no time did he recall Mr Wotton swearing.
At the stand off at the police barracks when Mr Wotton delivered his ultimatum, Insp Richardson testified, “I recall having a conversation with Lex Wotton. He said I want you off the island. I will get some vehicles for you.”
At the hospital, when Insp Richardson informed Mr Wotton police would not leave the island, he told the court Mr Wotton said: 'You're not going to use these vehicles, are you? I said no. He said more or less you're stuffing us around. I said we had no intention of leaving.” Insp Richardson did, however, tell the court he recalled Mr Wotton at that stage saying he would “get him”.
Constable Tabuai was the Crown prosecutor's last witness. The trial today moves to the defence phase. It's not yet known if Mr Wotton will testify in his own defence. Both sides will then sum up their cases for the jury, and judge will provide instructions on matters of law. The jury will then retire to consider its verdict.
After a slow start, there's a chance the trial could end this week, although it could conceivably spill into a fourth week.
• NIT will bring you regular updates.
 
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