Justice for Mulrinji. NIHRCA Statement, Petition.
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Justice for Mulrinji. NIHRCA Statement, Petition.

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John Ahni Schertow
December 18, 2006
 

(petition below) Crown V Hurley – NIHRCA Rejects DPP Hand Down. Black Friday for Aboriginal Peoples and another Black mark on the history of the Crown, Commonwealth and the Australian Justice System.

The hand down from the DPP in relation to the indictment of QLD Police Officer, Chris Hurley, for the murder of Palm Islander, Kumuntjuy Mulrunj Doomadgee has been rejected by the NIHRCA, accusing the QLD government with the offence of perverting the course of justice. The Commonwealth, their state governments and Territories have been rejecting the recommendations handed down in the Royal Commission into Black Deaths in Custody since they were released, acting in anarchy of the laws put in place by the constitution to protect humanity not only within the domestic jurisdiction but those laws bound within international jurisdictions by the commonwealth & crown.

Justice is the motivation of all laws and the execution of those laws in pursuit of justice is paramount having no room for discretionary powers and politics to evade the course of justice. Justice is a human right, a legal right and a constitutional right.

The Hand down from the DPP in relation to the indictment of Hurley not only rejects Aboriginal Peoples in achieving justice in this country, it also commits an offence of High Treason. The QLD government must consider the Constitution, Commonwealth and Crown. They are in breach of their own laws. The Discretionary Powers is in breach of Section 75, Clause 5 of the Commonwealth Constitution Act [UK & Commonwealth] 1901. They could be hung for treason 200 years ago however these acts are deemed ‘inhumane’ by the commonwealth, crown, federal & state governments, a contradiction of what is happening to our men women and children in custody.

The decision was made at the QLD governments own discretion ignoring the constitution, the law and most importantly ignoring the fact that Aboriginal people have human rights, we are human beings. The Law is the Law is the Law. They have broken the Universal law of the right to justice and humanity. The QLD government is advocating the murder of Aboriginal men in custody sadly at the expense of Mulrunj, his wife, his children, his family and the wider Aboriginal and non Aboriginal communities.

Friday 15th December 2006 will always be remembered as a Black Friday for Aboriginal Peoples in Australia, a sad day as Aboriginal Australia wake to the aftermath of this decision, trying to digest the governments poison yet again. When are we going to stop taking it? This decision must be appealed and the QLD government’s indiscretions must be acted upon immediately in accordance with the law.

To the Aboriginal Peoples we must come together and unite for the human rights of our Peoples and the survival of our race.

To the Doomadgee Family and the community of Palm Island on behalf of the NIHRCA I would like to convey my deepest sympathy and to let you know our pursuit for Human Rights & Justice will continue for Mulrunj, your family, the community of Palm Island and the Aboriginal Peoples the First Peoples of Australia. Our men, women and children that died in custody will not die in vain.

Lee Anne Nangala Daylight-Lacey
Founder & Spokesperson, NIHRCA. 2006
Telephone: 02 6134 6132 Mobile 0432 141 664

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The following is a petition in response to the DPP’s disgusting decision to ignore the Deputy Coroners findings that police killed Mulrinji, and to accept that Mulrinji “fell” (getting 4 broken ribs and a liver split in two through the “fall”). It was drafted in conjunction with Sam Watson.

Please:
1. Print out and get as many signatures as possible by the time of the
rally next Wed at noon. Send it around at work, in your neighbourhood,
whereever you can.

2. Forward the petition to others who could collect names.

3. Bring the sheets to next Wed rally, or get them to someone who is
going.

download petition (DOC File.)

File Contents:

Petition regarding the refusal to lay charges relating to the death of Mulrinji

To: The Honourable the Speaker and Members of the Legislative Assembly of Queensland

We are outraged that the Director of Public Prosecutions, Leanne Clare, has failed to lay any charges against the police officer responsible for the death of Palm Island man Mulrinji on November 19, 2004. Less than 2 months previously, the Qld Deputy Coroner, Christine Clements, found that Mulrinji was beaten by Senior Sergeant Chris Hurley, such that he sustained 4 broken ribs and his liver was sliced almost in two. The DPP’s explanation (echoing the police) that Mulrinji ‘fell’ is a completely unacceptable lie – contradicting the coroner, expert medical advice, and witnesses. Premier Beattie and Police Minister Spence’s defence of the DPP’s decision is disgraceful.

If allowed to stand, this inaction gives a green light for police to assault and kill Aboriginal people, knowing they will never be charged, even when a Coroner finds they caused another human beings death. This is a case of terrible racism and injustice.

We therefore demand from the house:
1. The immediate suspension of DPP Leanne Clare, her replacement with a new, independent DPP, and a judicial review into Clare’s decision not to charge Senior Sergeant Hurley.

2. That the highest-level criminal charges be brought immediately against Senior Sergeant Hurley to allow a jury to determine his guilt or innocence.

3. A Royal Commission into all events surrounding the death of Mulrinji and subsequent investigations and actions, headed by Tony Fitzgerald QC.

4. Cease criminal charges and the push for custodial sentences against the Palm Islanders who understandably rose up in grief after the killing of their brother.

5. The immediate resignations of Premier Beattie and Police Minister Judy Spence, for backing the brutal actions of police ahead of justice for Aboriginal people.

Please return completed petitions to PO Box 547 Fortitude Valley, 4006. Ph Sam 0401 227 443

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